Saving and transitional provision concerning continuity in relation to the affairs of Primary Care Trusts and Strategic Health Authorities7

1

Anything done before 1st April 2013 by or in relation to a Primary Care Trust or a Strategic Health Authority in connection with the exercise of a function which from 1st April 2013 falls to be performed by a relevant new body, shall be treated on and after that date as if done by or in relation to the relevant new body.

2

Any instrument made by or in relation to a Primary Care Trust or a Strategic Health Authority which relates to a function which from 1st April 2013 falls to be performed by a relevant new body continues in force in relation to the relevant new body until it is varied or revoked by the relevant new body.

3

Any form supplied by a Primary Care Trust or a Strategic Health Authority which relates to a function which from 1st April 2013 falls to be performed by a relevant new body, continues to be a valid form until it is cancelled or varied by the relevant new body, as if any reference in that form to the Trust or Authority in question were a reference to the relevant new body.

4

So far as is necessary or appropriate, a reference in an agreement or other instrument to a Primary Care Trust or a Strategic Health Authority which relates to a function which from 1st April 2013 falls to be performed by a relevant new body, shall be treated on or after that date as a reference to the relevant new body.

5

In this article, “relevant new body” means—

a

in relation to a function which falls to be performed by the National Health Service Commissioning Board8, that Board;

b

in relation to a function which falls to be performed by a clinical commissioning group, that clinical commissioning group;

c

in relation to a function which falls to be performed by a local authority in exercise of its public health functions (within the meaning of section 1H(5)(b) of the 2012 Act), that local authority;

d

in relation to a function which falls to be performed by the Secretary of State, the Secretary of State.

6

In this article, a reference to a function of a Primary Care Trust or Strategic Health Authority which from 1st April 2013 falls to be performed by a relevant new body includes a reference to the provision of, or the arrangement of the provision of, a service by a Trust or Authority which from 1st April 2013 is provided, or its provision arranged, by a relevant new body.

7

Paragraphs (1) to (4) apply subject to any provision for continuity in—

a

a transfer scheme under section 300 of the 2012 Act (transfer schemes);

b

an order made under section 303 of the 2012 Act (power to make consequential provision); or

c

any other enactment.