Health and Social Care (Community Health and Standards) Act 2003

28 Section 27: supplementary E+W

(1) Where an authorisation is given under section 27, the regulator is to specify the property and liabilities to be transferred to the new NHS foundation trust.

(2) Where such an authorisation is given, the Secretary of State is to make an order—

(a) dissolving the trusts in question, and

(b) transferring, or providing for the transfer of, the property and liabilities specified by the regulator to the new NHS foundation trust.

(3) The order may—

(a) transfer, or provide for the transfer of, any of the remaining property or liabilities to the persons mentioned in section 25(3),

(b) include provisions corresponding to those of Schedule 3.

[F1 (3A) In section 27(1) and (2), and subsections (1) and (2) above, “liabilities” includes criminal liabilities; and an order under subsection (3) above may transfer any remaining criminal liabilities to any of the bodies mentioned in section 25(3)(a) to (c).]

(4) Where one of the parties to an application under section 27 is an NHS trust, the powers conferred on the Secretary of State by Part 4 of Schedule 2 to the 1990 Act are not exercisable in relation to the trust.

(5) Section 6(4) applies to an authorisation under section 27 as it does in relation to an authorisation under that section.

Textual Amendments

F1 S. 28(3A) inserted (19.7.2006) by Health Act 2006 (c. 28), ss. 74(7), 83(1)(a)

Commencement Information

I1 S. 28 partly in force; s. 28 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I2 S. 28 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 2