National Health Service and Community Care Act 1990

Part IV E+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

[F1 (aa) a Strategic Health Authority, or]

[F2 (b) a Health Authority, or

(bb) a Special Health Authority, or]

[F3 (bbb) a Primary Care Trust, or]

[F4 (bbc) a Local Health Board, or]

[F5 (bbd) an NHS foundation trust, 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.

[F6 (1A) The liabilities which may be transferred by virtue of sub-paragraph (1) above to any of the bodies mentioned in paragraphs (aa) to (c) of that sub-paragraph include criminal liabilities.]

(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 [F7 Strategic Health Authority,][F8 Health Authority, Special 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.

Textual Amendments

F1 Sch. 2 para. 30(1)(aa) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 46(b); S.I. 2002/2478, art. 3(1)(c) (with art. 3(3) and transitional provision in art. 4)

F2 Sch. 2 para. 30(1)(b)(bb) substituted (1.4.1996 subject to s. 8 of the amending Act) for Sch. 2 para. 30(1)(b) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 85(g) (with Sch. 2 paras. 6, 16)

F3 Sch. 2 para. 30(1)(bbb) inserted (4.1.2000 for E. and otherwise

prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 paras. 74, 83(7); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F4 Sch. 2 para. 30(1)(bbc) inserted (10.10.2002 for W. and otherwise in force immediately before the National Health Service Act 2006 (c. 41) (which Act came into force on 1.3.2007 in accordance with s. 227(1) (subject to s. 277(2)-(5) of that Act))) by 2002 c. 17, s. 6(2), Sch. 5 para. 36(1)(4); S.I. 2002/2532, art. 2, Sch; S.I. 2006/1407, arts. 1(1), 2, Sch. 1 Pt. 2 {para. 12(c)}

F5 Sch. 2 para. 30(1)(bbd) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1), Sch. 4 para. 85(b); S.I. 2004/759, art. 2

F6 Sch. 2 para. 30(1A) inserted (19.7.2006) by Health Act 2006 (c. 28), ss. 74(5), 83(1)(a)

F7 Words in Sch. 2 para. 30(2) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 46(a); S.I. 2002/2478, art. 3(1)(c) (with art. 3(3) and transitional provision in art. 4)

F8 Words in Sch. 2 para. 30(2) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 85(g) (with Sch. 2 paras. 6, 16)

31 Without 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 [F9 , or such [F10 Strategic Health Authority,][F11 Primary Care Trust,]Health Authority or Special 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.

Textual Amendments

F9 Words in Sch. 2 para. 31 substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 85(h) (with Sch. 2 paras. 6, 16)

F10 Words in Sch. 2 para. 31 inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 46(a); S.I. 2002/2478, art. 3(1)(c) (with art. 3(3) and transitional provision in art. 4)

F11 Words in Sch. 2 para. 31 inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 58; S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)

32 An NHS trust may not be dissolved or wound up except in accordance with this Part of this Schedule [F12 or section 28 of the Health and Social Care (Community Health and Standards) Act 2003].

Textual Amendments

F12 Words in Sch. 2 para. 32 inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1), Sch. 4 para. 85(c); S.I. 2004/759, art. 2