This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Welsh Statutory Instruments
THE NATIONAL HEALTH SERVICE, WALES
Made
28 March 2008
Coming into force
1 April 2008
1.—(1) The title of this Order is the Pembrokeshire and Derwen National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 April 2008.
(2) In this Order unless the context otherwise requires:
“new trust” (“ymddiriedolaeth newydd”) means the Hywel Dda National Health Service Trust established on 12 March 2008.
“old trust” (“hen ymddiriedolaeth”) means Pembrokeshire and Derwen National Health Service Trust established on 1 April 1997;
“transfer date” (“dyddiad trosglwyddo”) means the 1 April 2008.
2.—(1) Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have his or her contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
(2) Without prejudice to paragraph (1) above —
(a)all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
(b)anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
(3) Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right arises by reason only of the change in employer effected by this article.
3. On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, are transferred to the new trust, including without limitation—
(a)the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
(b)the trust property of the old trust listed in Schedule 1;
(c)the charities of the old trust listed in Schedule 2.
4. With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008
Article 3(b)
| Property | Tenure (and title number where applicable) |
|---|---|
| Hospital | |
| Afallon & Enlli Wards, Bronglais General Hospital | Leasehold |
| Bryngofal, Prince Philip Hospital Hospital | Freehold (WA253967) |
| Canolfan Gwennog, Canolfan Gwili & Llys Myddfai, West Wales General Hospital Including land to rear | Freehold (WA857214) |
| Caebryn (Brynhaul Day Hospital,Bryntawel Ward & Bryngolau Ward), Prince Philip Hospital | Leasehold |
| Hafan Derwen, St Davids Park, Carmarthen | Freehold (WA899753) |
| South Pembrokeshire Hospital, Pembroke Dock | Freehold (WA633274) Freehold (WA587373) |
| Tenby Resource Centre (new site) | Freehold (CYM180478) Freehold (CYM19713) |
| Withybush Hospital, Haverfordwest | Freehold (WA633313) Freehold (CYM176034) |
| Health Centres | |
| Crymych Health Centre | Freehold (WA632581) |
| Fishguard Health Centre | Freehold (WA633349) |
| Hakin Health Centre, Milford Haven | Freehold (WA633327) |
| Haverfordwest Health Care Centre | Freehold (WA633330) |
| Milford Haven Health Care Centre | Freehold (WA544317) |
| Narberth Health Centre | Leasehold |
| Neyland Health Centre | Freehold (WA633323) |
| Pembroke Dock Health Centre | Freehold (WA641351) |
| Clinics | |
| Brynmair Clinic, Goring Road, Llanelli | Freehold (WA834631) |
| Llys Steffan, Lampeter (Lampeter Clinic) | Leasehold |
| Elizabeth Williams Clinic, Llanelli | Leasehold |
| Mental Health | |
| Hafan Hedd MHRC, Newcastle Emlyn | Freehold (WA731941) |
| Miscellaneous | |
| Bro Cerwen & St. Brynach Day Hospital, Haverfordwest | Freehold (WA633315) Freehold (WA830438) |
| Bro Myrddin Assessment Unit, Carmarthen | Freehold (WA851547) |
| 4, 8 and 9 Bryngolau, Llanelli | Leasehold |
| Capel Road CTLD Offices, Llanelli | Freehold (WA834622) |
| Carmel & Pentargon, St Davids, Carmarthen | Freehold (WA899753) |
| Cartrefle, Llanybydder | Freehold (WA834623) |
| 10, Church Close, Begelly, Kilgetty | Leasehold |
| The Creamery, Llangadog | Leasehold |
| CTLD Ceredigion, Aberaeron | Leasehold |
| Derwen Gardens, Newcastle Emlyn | Leasehold |
| Europa House, Charles Street, Milford Haven | Leasehold |
| 13, Goring Road, Llanelli | Freehold (WA502646) |
| Gorwelion Day Hospital, Aberystwyth | Freehold (WA723066) |
| 7a, Great Darkgate Street, Aberystwyth | Leasehold |
| Haverfordia House, Haverfordwest | Leasehold |
| Llys Meddyg & Aelybryn, St Davids, Carmarthen | Leasehold |
| Ty Helyg Day Hospital, Bronglais, Aberystwyth | Freehold (WA498237) |
| Penlan, Carmarthen | Freehold (WA913160) |
| St David’s Block 18, Estates Department, Carmarthen | Leasehold |
| Swn-y-gwynt Day Hospital, Ammanford | Freehold (WA544537) |
| Tirygarreg, Kidwelly | Freehold (WA452133) |
| Wellfield Road Resource Centre, Carmarthen | Freehold (WA834626) |
| Whitland Resource Centre, Whitland | Leasehold |
| Cartref Home, Ammanford | |
| 3 Derwen Deg, Porthyrhyd | Leasehold |
| Glancleddau, Milford Haven | Leasehold |
| 2 Greville Court, Pembroke Dock | Leasehold |
Article 3(c)
The Pembrokeshire and Derwen NHS Trust General Charitable Fund (including all subsidiary charities) — Charity Number 1049198.
(This note is not part of the Order)
This Order provides for the transfer of staff from Pembrokeshire and Derwen National Health Service Trust to the Hywel Dda National Health Service Trust from the 1 April 2008.
This Order also provides for the transfer of all property, rights and liabilities of Pembrokeshire and Derwen National Health Service Trust to be transferred to the Hywel Dda National Health Service Trust on 1 April 2008.
National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996, S.I. 1996/653, which continue to have effect by virtue of paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006. c.43.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
