SCHEDULES

SCHEDULE 2Transitional and saving provision

Part 2Particular savings

Section 13(3), (4) and (10) of the Health Act 1999 (c. 8)

19

Notwithstanding the repeal by this Act of section 13(3), (4) and (10) of the Health Act 1999—

a

any order under section 5(1) of the National Health Service and Community Care Act 1990 (c. 19)—

i

must be treated as always having had effect with the omission of any obligation for the NHS trust to which the order relates to own land specified in the order, and

ii

so far as any functions specified in it could have been specified under that provision as amended by the Health Act 1999, must be treated as having been made under that provision as so amended,

b

any restriction preventing the acquisition of any land by any NHS trust (including an NHS trust dissolved before the commencement of section 13 of the Health Act 1999) merely because the land did not comprise a hospital or other establishment or facility previously managed or provided by a Health Authority, a Special Health Authority, a Regional Health Authority or a District Health Authority, must be treated as never having had effect, and

c

the National Health Service and Community Care Act 1990 (c. 19) must be treated as always having had effect subject to the amendments made by section 13 of the Health Act 1999 (c. 8).