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United Kingdom Statutory Instruments
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2004 No. 471

NATIONAL HEALTH SERVICE, ENGLAND

The Kingston Primary Care Trust (Transfer of Trust Property) Order 2004

  Made 25th February 2004 
  Laid before Parliament 3rd 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 changes in the area and functions of the Kingston Primary Care Trust[2] and having consulted that Trust and the South West London and St George's Mental Health National Health Service Trust[3] and the East Elmbridge and Mid Surrey Primary Care Trust[4] 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 Kingston Primary Care Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.

    (2) In this Order - 

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[5] shall be transferred to the relevant new Trust.

    (2) The trust property which shall be transferred to the South West London and St George's Mental Health National Health Service Trust is the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the South West London and St George's Mental Health National Health Service Trust, and signed on behalf of the old Trust on 17th September 2003 and on behalf of the South West London and St George's Mental Health National Health Service Trust on 21st May 2003.

    (3) The trust property which shall be transferred to the East Elmbridge and Mid Surrey Primary Care Trust is the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the East Elmbridge and Mid Surrey Primary Care Trust, and signed on behalf of the old Trust on 9th December 2003 and on behalf of the East Elmbridge and Mid Surrey Primary Care Trust on 13th February 2004.

     3. 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 relevant new Trust or, as the case may be, the relevant new Trust.



Signed by authority of the Secretary of State for Health


John Hutton
Minister of State, Department of Health

25th February 2004


EXPLANATORY NOTE

(This note is not part of the Order)


This Order transfers to the South West London and St George's Mental Health National Health Service Trust and the East Elmbridge and Mid Surrey Primary Care Trust, trust property held by the Kingston Primary Care Trust and makes related provision. A copy of the schedules of trust property transferred under this Order can be obtained from the Department of Health, Quarry House, Quarry Hill, Leeds LS2 7UE.

Notes:

 [1] 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.back

[2] Established by S.I. 2001/279.back

[3] Established by S.I. 1994/3178, as amended by S.I. 1999/1384.back

[4] Established by S.I. 2002/982.back

[5] 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.back


ISBN 0 11 048763 X


  © Crown copyright 2004

Prepared 3 March 2004

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URL: http://www.bailii.org/uk/legis/num_reg/2004/20040471.html