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	Statutory Instruments made by the National Assembly for Wales
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"the Powys NHS Trust" ("Ymddiriedolaeth GIG Powys") means the Powys Health Care National Health Service Trust established by Powys Health Care National Health Service Trust (Establishment) Order 1992[2];

"Records" ("cofnodion") means any material in whatever form or medium which conveys or is capable of conveying information and which is structured by reference to  - 

(a) individuals or to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible; or

(b) any property, rights or liabilities of a health service authority, in such a way that specific information relating to particular property, rights or liabilities is readily accessible;

"Shared computer system" ("system gyfrifiadurol a rennir") means computer equipment which operates as part of a single integrated computer system and which is, immediately before the transfer date, situated in or on more than one of the parcels of land specified in column 1 to Schedule 1 or column 1 to Schedule 2, and includes any information and software held on or in relation to such a system;

"Third parties" ("trydydd partïon") shall have the meaning given in section 20(4) of Schedule 5B to the National Health Service Act 1977;

"the transfer date" ("y dyddiad trosglwyddo") means 1st April 2003; and

"Welsh health authority" ("awdurdod iechyd Cymreig") means a health authority established under the Health Authorities (Wales) Establishment Order 1996[3].

    (2) Any provision in this Order transferring property shall be construed, unless the context otherwise requires, as including a reference to the transfer of any rights and liabilities of a health service authority which exist in respect of such property immediately before the transfer date.

    (3) Any reference in this Order to any rights or liabilities of a health service authority includes a reference to rights or liabilities acquired or incurred by any predecessor in title of such authority.

    (4) Where property, rights or liabilities of a health service authority are transferred from a health service authority to a Local Health Board by virtue of this Order, anything done by or in relation to the health service authority in connection with such property, rights and liabilities shall be treated as if it had been done by or in relation to such Local Health Board.

Transfer of land of health service authorities to Local Health Boards
     3. With effect from the transfer date the land described in column 1 of Schedule 1 shall be transferred from the health service authority specified in column 2 of that Schedule to the Local Health Board specified in column 3 of that Schedule.

Transfer of contents of land from health service authorities to Local Health Boards
     4.  - (1) Save for the exceptions set out in paragraph (2), with effect from the transfer date the contents in or on the land specified in column 1 of Schedule 2 shall be transferred from the health service authority specified in column 2 of that Schedule to the Local Health Board specified in column 3 of that Schedule.

    (2) The exceptions to paragraph (1) are  - 

(a) any records; and

(b) any shared computer system.

Transfer of Powys NHS Trust property, rights and liabilities to the Powys Local Health Board
     5. With effect from the transfer date  - 

(a) the land of the Powys NHS Trust specified in Schedule 3; and

(b) all other property, rights and liabilities of the Powys NHS Trust

shall be transferred to the Powys Local Health Board.

Transfer of residuary property, rights and liabilities from Welsh health authorities to the Powys Local Health Board
     6.  - (1) This article applies to  - 

(a) records;

(b) shared computer systems;

(c) any property, rights or liabilities of a Welsh health authority which are not transferred by virtue of any other provision of this Order.

    (2) All property, rights and liabilities to which paragraph (1) above applies shall on the transfer date be transferred from the Welsh health authorities to the Powys Local Health Board.

Determination of disputes between health service authorities
     7.  - (1) Where a dispute arises as a result of any of the transfers effected under this Order between two or more health service authorities, any one of those health service authorities may refer the dispute to the National Assembly for Wales for determination.

    (2) Where a reference is made to the National Assembly for Wales under paragraph (1) above, the Assembly may determine the dispute itself or, if it considers it appropriate, appoint a person to determine the dispute on its behalf.

    (3) By its determination of a reference under paragraph (1) above, the Assembly or, as the case may be, the person appointed under paragraph (2) above may resolve the dispute and impose binding terms upon the health service authorities involved in the dispute.

    (4) A determination of a reference under paragraph (1) above may contain such conditions (including conditions as to payment) as the Assembly or, as the case may be, the person appointed under paragraph (2) above considers appropriate to resolve the matter in dispute.

Third party rights
     8.  - (1) Where a transfer by virtue of this Order of any property, rights or liabilities operates so as to affect adversely the rights of any third party, the following provisions of this article shall apply.

    (2) The fact that any property, right or liability has been transferred by virtue of this Order is not of itself sufficient to establish that the rights of a third party have been adversely affected.

    (3) Any dispute between a third party and a health service authority, shall be determined in accordance with the provisions of the Arbitration Act 1996[4] by a sole arbitrator appointed by agreement between the third party and the health service authority, or in default of such agreement, under paragraph (4).

    (4) If the third party and the health service authority fail to agree on the appointment of an arbitrator under paragraph (3), either of them may apply to the President for the time being of the Chartered Institute of Arbitrators [5] to appoint an arbitrator to resolve the dispute between them in accordance with the Arbitration Act 1996.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6]


Mike German
Deputy First Minister, Minister for Rural Development and Wales Abroad

28th February 2003

Article 5


Land to be transferred from Powys NHS Trust to Powys Local Health Board


Description of land and title number (where applicable)

Ysbyty Broddyfi, Machynlleth	CYM13199
Llandrindod Wells Hospital	WA681837 & WA508116 (possessory)
Llanidloes District Hospital	WA681855
Montgomery County Infirmary, Newtown	WA681839
Victoria Memorial Hospital, Welshpool	WA681854
Breconshire War Memorial Hospital	WA681892
Builth Wells Cottage Hospital	WA681847 & WA731785
Knighton Hospital	WA681845
Bronllys Hospital	WA795582 (+ 1 other)
Ystradgynlais Community Hospital	WA681844
Ystradgynlais Mental Health Resource Centre, Tawelfan	WA515581
Presteigne Health Centre	Licence
Rhayader Health Clinic (to be sold)	WA681852
Llandrindod Wells Mental Health Resource Centre, The Hazels	WA681841
Welshpool Health Centre	WA681848
Mental Health Centre, T Illtyd, Brecon	WA449446
Coelbren Health Centre	WA681850
Hay on Wye Health Clinic	WA681843
Knighton Health Clinic	WA681843
Knighton OT & MH Day Centre	WA681842
Newtown Park Street Health Clinic	WA734950
Llandrindod Wells Offices (Merlin)	WA472981
Llandrindod Wells Stores (Westdene)	WA483290
Newtown District Offices, Back Lane	WA695886
The Larches, Ystradgynlais	WA740541
Ynys y Plant, Newtown	WA825644
Llandrindod Wells Hospital	WA425857

POWYS HEALTH CARE NHS TRUST

APPENDIX (1) PROPERTY PORTFOLIO

Rights of Occupation	Part of Surgery at Cwmllynfell
Rights of Occupation	Part of Surgery at Pengorof
Rights of Occupation	Part of Glynneath Clinic
Rights of Occuaption	Part of Surgery at Abercraf
Rights of Occupation	Part of Surgery at Brecon
Leasehold Premises	Comprising part of Sennybridge Health Centre
Leasehold Premises	Comprising part of Crickhowell Health Centre
Rights of Occupation	Part of Talgarth Surgery
Rights of Occupation	Part of Hay on Wye Surgery
Rights of Occupation	Part of Wylcwm Street Surgery
Rights of Occupation	Part of Erw Vane Surgery
Rights of Occupation	Part of Rhayader Surgery
Leasehold Premises	Comprising part of Hafan Resource Centre
Rights of Occupation	Part of Presteigne Surgery
Rights of Occupation	Part of Gland r Park Surgery
Rights of Occupation	Part of Llanwrtyd Wells Health Centre
Leasehold Premises	Comprising part of Llanidloes Surgery
Rights of Occupation	Part of Caersws Surgery
Rights of Occupation	Part of Machynlleth Health Centre
Rights of Occupation	Part of Glantwymyn Health Centre, Cemmaes Road
Rights of Occupation	Part of Llanfyllin Health Centre
Leasehold Premises	Comprising part of Llanfair Caereinion Health Centre
Rights of Occupation	Part of Surgery at Welshpool
Leasehold Premises	Brynterion
Rights of Occupation	Part of Former Newtown Surgery
Rights of Occupation	Part of Newtown Medical Centre
Rights of Occupation	Part of Montgomery Medical Centre
Leasehold Premises	Comprising part of St David's House, Newtown
Leasehold Premises	Comprising part of Mochdre Unit L (Works North)
Rights of Occupation	Part of Robert Owen House, Newtown

---

[2] S.I. 1992/2741.back

[3] S.I. 1996/146.back

[4] 1996 c.23.back

[5] The Chartered Institute of Arbitrators may be contacted at the International Arbitration Centre, Bloomsbury Square, London, WC1A 2LP, telephone 020 7421 744 or e-mail info.@arbitrators.org.back

[6] 1998 c.38.back

 

© Crown copyright 2003

Prepared 25 March 2003