The Strategic Health Authorities (Establishment and Abolition) (England) Order 2006

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Establishment, names and areas of the new authorities
     2. For each of the areas described in column (2) of Schedule 1 there is established a Strategic Health Authority which shall be known by the name specified in column (1) of that Schedule in relation to that area.

Abolition of Strategic Health Authorities
     3. The Strategic Health Authorities listed in column (1) of Schedule 2 are abolished.

Transfer of property, rights and liabilities
     4. —(1) Any right that was, immediately before 1st July 2006, enforceable by or against any old authority shall on and after that date be enforceable by or against the relevant new authority.

    (2) All the property, rights and liabilities of the old authorities which are not mentioned in article 5 are transferred in each case from the old authority to the relevant new authority.

    (3) In paragraph (2), "property" includes the trust property held by the Hampshire and Isle of Wight Strategic Health Authority, and "rights and liabilities" includes any rights and liabilities in relation to that property.

Transfer of staff
     5. —(1) This article applies in relation to any person who was an employee of an old authority immediately before 1st July 2006.

    (2) Each contract of employment between each old authority and its employees shall have effect on and after 1st July 2006 as if originally made between those employees and the relevant new authority.

    (3) Without prejudice to paragraph (2)—

(a) all the rights, powers, duties and liabilities of each old authority under or in connection with a contract to which that paragraph applies shall, by virtue of this article, be transferred to the relevant new authority on 1st July 2006;

(b) anything done before 1st July 2006 by or in relation to the old authority in respect of that contract or those employees shall be deemed from that date to have been done by or in relation to the relevant new authority.

    (4) Paragraphs (2) and (3) are without prejudice to any right of any employee to terminate his contract of employment if a substantial and detrimental change is made to that employee's working conditions, but no such right shall arise by reason only of the change of employer effected by this article.

    (5) Paragraphs (2) and (3) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that employee has objected to the transfer to the relevant new authority and has informed the old authority of that objection on or before 30th June 2006.

    (6) Where an employee has informed an old authority of his objection as mentioned in paragraph (5), his contract of employment with the old authority shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from that old authority.

Accounts of old authorities
     6. Any duty imposed on any of the old authorities pursuant to section 98 of the National Health Service Act 1977[3], but not performed by 1st July 2006, shall be performed by the relevant new authority.

Winding up of affairs of old authorities
     7. It is the duty of each new authority to take such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.

Provision for continuity in the exercise of functions
     8. —(1) Anything done before 1st July 2006 by or in relation to any of the old authorities shall be treated on and after that date as if done by or in relation to the relevant new authority.

    (2) The reference in paragraph (1) to anything done by or in relation to any of the old authorities includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to any of the old authorities.

    (3) Any instrument made by any of the old authorities continues in force in relation to the relevant new authority in accordance with its terms until it is varied or revoked by the relevant new authority.

    (4) So far as is necessary or appropriate, a reference in an agreement or other instrument to any of the old authorities shall be treated on and after 1st July 2006 as a reference to the relevant new authority.

Revocation
     9. The Orders specified in Schedule 3 are revoked.



Signed by authority of the Secretary of State for Health


Warner
Minister of State, Department of Health

25th May 2006

[2] Strategic Health Authorities (Consultation on Changes) Regulations (S.I. 2003/1617).back

[3] Section 98 was amended by section 12 of, and paragraph 3 of Schedule 5 to, the Health and Social Services and Social Security Adjudications Act 1983 (c.41), sections 6 and 24 of, and Part 1 of Schedule 8 to, the Health and Social Security Act 1984 (c.48), section 12 of the Health and Medicines Act 1988 (c.49), sections 5, 11(7), 20(2) and 66(2) of, paragraph 24(2) of Schedule 2 to, and Schedule 10 to, the 1990 Act, sections 2(1) and 5(1) of, paragraphs 50(a) and (d) of Schedule 1 to, and Schedule 3 to, the Health Authorities Act 1995 (c.17), section 65 of, paragraphs 4 and 33 of Schedule 4 to, and Schedule 5 to, the 1999 Act, article 3(1) of, and paragraphs 13(1) and (6) of Schedule 1 to, the Health Act 1999 (Supplementary, Consequential etc Provisions) Order 2000/90, sections 1(3) and 6(2) of, paragraphs 1 and 29 of Schedule 1 to, and paragraphs 4 and 21 of Schedule 5 to, the 2002 Act, sections 184 and 196 of, paragraphs 7 and 33 of Schedule 11 to, and Part 4 of Schedule 14 to, the 2003 Act, section 7 of, paragraph 4 of Schedule 3 to, and Schedule 4 to, the Health (Wales) Act 2003 (c.4), article 2(2) of, and paragraph 1 of Schedule 2 to, the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003/1324, section 66 of, and paragraph 2 of Schedule 2 to, the Public Audit (Wales) Act 2004 (c.23), article 2(2) of, and paragraph 1 of Schedule 2 to, the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2004/1714 and by article 2 of the Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005/1074.back