The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017

Continuity and supplementary provisions

6.—(1) Any act or omission of, or in relation to, the Authority before the abolition date in connection with—

(a) the functions that the Authority exercises in accordance with article 4;

(b) any property, rights or liabilities transferred as a consequence of paragraph 5 of this Schedule; or

(c) any contract, arrangement or agreement entered into by the Authority in connection with any property, rights or liabilities transferred as a consequence of paragraph 5 of this Schedule,

are deemed to have been an act or omission of, or in relation to, the Secretary of State.

(2) Anything (including legal proceedings) which, immediately before the abolition date, is in the process of being done by, or in relation to, the Authority in connection with any of the matters mentioned in sub-paragraph (1) is deemed to have effect as if done by, or in relation to, the Secretary of State, and may be continued by, or in relation to, the Secretary of State.

(3) Any instrument made by, or in relation to, the Authority in connection with the matters referred to in sub-paragraph (1) continues in force until it is varied or revoked by the Secretary of State.

(4) Any form supplied by the Authority in connection with the matters referred to in sub-paragraph (1) continues to be valid until it is varied or revoked by the Secretary of State and as if any reference in that form to the Authority were a reference to the Secretary of State.

(5) Any reference to the Authority in any contract, agreement, arrangement, instrument or other document in connection with any property, rights or liabilities transferred as a consequence of paragraph 5 is to be treated as a reference to the Secretary of State.

(6) Where the rights and liabilities under a contract, agreement, arrangement or instrument entered into or agreed by the Authority are transferred as a consequence of paragraph 5, that contract, agreement, arrangement or instrument is to continue to have effect on or after the abolition date as if it were originally entered into by the Secretary of State.

(7) No right to terminate or vary a contract, agreement, arrangement or instrument is to operate or become exercisable, and no provision of any contract, agreement, arrangement or instrument is to operate or become exercisable or be contravened, by reason of the transfer of any property, rights or liabilities as a consequence of paragraph 5.