Statutory Instruments
2004 No. 541
NATIONAL HEALTH SERVICE, ENGLAND
The North Essex Mental Health Partnership National Health Service Trust (Transfer of Trust Property) Order 2004
Made
28th February 2004
Laid before Parliament
5th March 2004
Coming into force
1st April 2004
The Secretary of State for Health, in exercise of the powers conferred on him by sections 92(1), 96(1) and 126(4) of the National Health Service Act 1977( 1 ) and of all other powers enabling him in that behalf, having regard to proposed changes in the arrangements for the administration of North Essex Mental Health Partnership National Health Service Trust( 2 ) and having consulted that Trust and the Tendring Primary Care Trust( 3 ) in accordance with section 92(3) of that Act, hereby makes the following Order:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the North Essex Mental Health Partnership National Health Service Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
(2) In this Order—
“the old Trust” means the North Essex Mental Health Partnership National Health Service Trust;
“the new Trust” means the Tendring Primary Care Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 22nd December 2003 and on behalf of the new Trust on 29th December 2003;
Transfer of trust property
2. —(1) On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property( 4 ), shall be transferred from the old Trust to the new Trust.
(2) In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State
Department of Health
28th February 2004
1977 c. 49 (“the 1977 Act”); section 92 was amended by section 11(5) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), by paragraph 44 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and by paragraph 28 of Schedule 4 to the Health Act 1999 (c. 8) , (“the 1999 Act”); section 126(4) was amended by section 65(2) of the 1990 Act and by paragraph 37(6) of Schedule 4 to the 1999 Act. As regards Wales, the functions of the Secretary of State under the above mentioned powers are transferred to the National Assembly for Wales under article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999 S.I.1999/672 as amended by section 66(5) of the 1999 Act; this order therefore only applies to England.
Established by S.I. 2001/324 .
Established by S.I. 2000/285 , as amended by S.I. 2003/1740 .
See section 96 of the 1977 Act as amended by paragraph 29 of Schedule 4 to the 1999 Act which makes supplementary provision regarding transfers of property under section 92 of that Act.