Statutory Instrument 1989 No. 947

The Boards for Special Hospitals (Abolition) Order 1989

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1989 No. 947

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Boards for Special Hospitals (Abolition) Order 1989

The Secretary of State for Health, in exercise of powers conferred by section 11 and 126(3) and (4) of the National Health Service Act 1977^[1] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Boards for Special Hospitals (Abolition) Order 1989 and shall come into force on 1st October 1989.

    (2)  In this Order unless the context otherwise requires-
"the old boards" means the Rampton Hospital Board, the Broadmoor Hospital Board and the Moss Side and Park Lane Hospitals Board;
"the new Authority" means the Special Hospitals Service Authority established by the Special Hospitals Service Authority (Establishment and Constitution) Order 1989^[2] .

Revocation of orders and abolition of old boards
    2.    The Rampton Hospital Board (Establishment and Constitution) Order 1986^[3] , the Broadmoor Hospital Board (Establishment and Constitution) Order 1986^[4] , the Moss Side and Park Lane Hospitals Board (Establishment and Constitution) Order 1986^[5] and the Special Hospital Boards (Amendment of Constitution) Order 1987^[6] are hereby revoked and the old boards shall cease to exist.

Enforceability of rights and liabilities
    3.    Any right which was enforceable by and any liability which was enforceable against any of the old boards shall be enforceable by or against the new Authority.

Winding up affairs of old boards
    4.    It shall be the duty of the new Authority to take such action as may be necessary for winding up the affairs of the old boards.

Accounts of the old boards
    5.    Where on 1st October 1989 any of the old boards has not performed in respect of any period before that date any duty imposed on it by section 98 of the National Health Service Act 1977^[7] , it shall be the duty of the new Authority to perform that duty in accordance with that section, any regulations made under that section and any directions which may be given by the Secretary of State.

Signed by authority of the Secretary of State for Health

D. Mellor

Minister of State, Department of Health

8th June 1989

This Order by revoking the Orders under which certain special health authorities exercising functions relating to special hospitals were established and constituted, abolishes those authorities on 1st October 1989. It also makes incidental and supplemental provisions relating to the winding up of the affairs of those authorities and the transfer of their rights and liabilities.

[1] 1977 c. 49; section 11 was amended by the Health Services 1980 Act (c.53), Schedule 1, paragraph 31. back

[2] S.I. 1989/948. back

[3] S.I. 1986/963. back

[4] S.I. 1986/2004. back

[5] S.I. 1986/2006. back

[6] S.I. 1987/192. back

[7] Section 98 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraphs 69 and 97, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 5, paragraph 3 and the Health and Social Security Act 1984 (c. 48), section 6(2) and Schedule 8, Part I insofar as it relates to National Health Service Act 1977. back