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Health Services Act 1980

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Version Superseded: 22/07/2004

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9 Repeal of provisions relating to withdrawal of pay beds and dissolution of Board, etc.E+W+S

(1)On the commencement date—

(a)sections 67 to 71 of the Act of 1977 and sections 59 to 63 of the Scottish Act of 1978 (withdrawal of pay beds) shall cease to have effect; and

(b)the Health Services Board established under section 1 of the M1Health Services Act 1976 (in this Act referred to as “the Act of 1976”) and the Scottish and Welsh Committees constituted in accordance with Part II of Schedule 1 to that Act shall cease to exist.

(2)Subject to subsection (1)(a) above, all functions of that Board or either of those Committees shall be transferred, as from the commencement date, to the Secretary of State or, if they relate to a hearing afforded or to be afforded to an applicant for an authorisation under Part III of the Act of 1976, such person or persons as the Secretary of State may appoint.

(3)All property, rights and liabilities to which the Board or either Committee is entitled or subject immediately before the commencement date shall be transferred, as from that date, to the Secretary of State.

(4)This section shall not affect the validity of anything done by or in relation to the Board or either Committee before the commencement date; and anything which at that date is in the process of being done by or in relation to the Board or either Committee (including any legal proceedings to which any of them is a party) may be continued by or in relation to the Secretary of State or, as the case may require, such person or persons as he may appoint.

(5)In consequence of the foregoing provisions of this section—

X1(a)section 1 of and Schedule 1 to the Act of 1976, sections 73 to 76 of the Act of 1977 and sections 65 to 68 of the Scottish Act of 1978 shall cease to have effect;

X1(b)the enactments specified in Schedule 2 to this Act shall have effect subject to t he amendments provided for in that Schedule; and

(c)any instrument or document made before the commencement date shall have effect as if any reference to the Board or either Committee were a reference to the Secretary of State or, as the case may require, such person or persons as he may appoint.

(6)In this section “commencement date” means the date of the passing of this Act.

Editorial Information

X1The text of ss. 1(7), 3, 5, 6(1)(3)(4), 7, 8(3), 9(5)(a)(b), 20, 23, and 25(2)-(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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