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National Health Service and Community Care Act 1990

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Point in time view as at 19/03/1991.

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There are outstanding changes not yet made by the legislation.gov.uk editorial team to National Health Service and Community Care Act 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Part IVE+W Dissolution

29(1)The Secretary of State may by order made by statutory instrument dissolve an NHS trust.

(2)An order under this paragraph may be made—

(a)on the application of the NHS trust concerned; or

(b)if the Secretary of State considers it appropriate in the interests of the health service.

(3)Except where it appears to the Secretary of State necessary to make an order under this paragraph as a matter of urgency, no such order shall be made until after the completion of such consultation as may be prescribed.

30(1)If an NHS trust is dissolved under this Part of this Schedule, the Secretary of State may by order transfer or provide for the transfer to—

(a)the Secretary of State, or

(b)a health authority, or

(c)another NHS trust,

of such of the property, rights and liabilities of the NHS trust which is dissolved as in his opinion is appropriate; and any such order may include provisions corresponding to those of section 8 of this Act.

(2)An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the NHS trust which is dissolved; and such an order may include provisions corresponding to those of sections 6 and 7 of this Act, including provision for the making of a scheme by such health authority or other body as may be specified in the order.

(3)No order shall be made under this paragraph until after completion of such consultation as may be prescribed.

31Without prejudice to the generality of paragraph 30 above, if an NHS trust is dissolved under this Part of this Schedule, the Secretary of State or such other NHS trust or health authority as he may direct shall undertake the responsibility for the continued payment of any such pension, allowances or gratuities as, by virtue of paragraph 9(2) or paragraph 17 above, would otherwise have been the responsibility of the trust which has been dissolved.

32An NHS trust may not be dissolved or wound up except in accordance with this Part of this Schedule.

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