Statutory Instruments

2008 No. 2784

National Health Service, England

The South Devon Healthcare NHS Foundation Trust (Transfer of Trust Property) Order 2008

Made

23rd October 2008

Laid before Parliament

28th October 2008

Coming into force

1st December 2008

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 213, 217(2) and 272(8) of the National Health Service Act 2006(1), having regard to changes in the functions of the Devon Primary Care Trust(2).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the South Devon Healthcare NHS Foundation Trust (Transfer of Trust Property) Order 2008 and shall come into force on 1^st December 2008.

(2) In this Order—

“the old Trust” means the South Devon Healthcare NHS Foundation Trust(3);

“the new Trust” means the Devon Primary Care Trust;

“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 16^th June 2008 and on behalf of the new Trust on 17^th June 2008.

Transfer of trust property

2.—(1) On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.

(2) In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.

Signed by authority of the Secretary of State for Health.

Dawn Primarolo

Minister of State,

Department of Health

23rd October 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order transfers to the Devon Primary Care Trust, trust property held by the South Devon Healthcare NHS Foundation Trust and makes related provision. A copy of the authorisation of the South Devon Healthcare NHS Foundation Trust can be inspected at Monitor, 4 Matthew Parker Street, London, SW1H 9NP, www.monitor.gov.uk. A copy of the schedule of trust property transferred under this Order can be obtained from the Department of Health, Quarry House, Quarry Hill, Leeds LS2 7UE.

(1)

2006 c.41.

(2)

Established by S.I. 2006/2072, to which there are amendments not relevant to this Order; see article 3 and Schedule 1.

(3)

Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1^st March 2007.