Welsh Statutory Instruments
NATIONAL HEALTH SERVICE, WALES
Made
28th February 2003
Coming into force
1st April 2003
The National Assembly for Wales, in exercise of the powers conferred by paragraphs 20 and 21 of Schedule 5B to the National Health Service Act 1977(1), and the property, rights and liabilities which are transferred by this Order having been identified by agreement between the health service authorities and Local Health Boards concerned pursuant to paragraph 20(2) of Schedule 5B to the 1977 Act, makes the following Order:
1.—(1) The Order may be cited as the Local Health Boards (Transfer of Property, Rights and Liabilities) (Wales) Order 2003 and shall come into force on 1st April 2003.
(2) This Order applies to Wales only.
2.—(1) In this Order, unless the context otherwise requires —
“contents” (“cynnwys”) shall mean any item or property of whatever description which is —
the property of a health service authority immediately prior to the transfer date; and
present in or on the land described in Schedule 2 on the transfer date,
including any vehicle or moveable property which is normally kept on such land when not in use;
“Health service authority”(“awdurdod gwasanaeth iechyd”) shall have the meaning given in section 20(5) of Schedule 5B to the National Health Service Act 1977;
“Land” (“tir”) shall be construed in accordance with Schedule 1 to the Interpretation Act 1978, save that any reference to the transfer of land by virtue of this Order shall be construed as including the transfer of any contractual licence for the use of land;
“the Powys NHS Trust” (“Ymddiriedolaeth GIG Powys”) means the Powys Health Care National Health Service Trust established by Powys Health Care National Health Service Trust (Establishment) Order 1992(2);
“Records” (“cofnodion”) means any material in whatever form or medium which conveys or is capable of conveying information and which is structured by reference to —
individuals or to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible; or
any property, rights or liabilities of a health service authority, in such a way that specific information relating to particular property, rights or liabilities is readily accessible;
“Shared computer system” (“system gyfrifiadurol a rennir”) means computer equipment which operates as part of a single integrated computer system and which is, immediately before the transfer date, situated in or on more than one of the parcels of land specified in column 1 to Schedule 1 or column 1 to Schedule 2, and includes any information and software held on or in relation to such a system;
“Third parties” (“trydydd partïon”) shall have the meaning given in section 20(4) of Schedule 5B to the National Health Service Act 1977;
“the transfer date” (“y dyddiad trosglwyddo”) means 1st April 2003; and
“Welsh health authority” (“awdurdod iechyd Cymreig”) means a health authority established under the Health Authorities (Wales) Establishment Order 1996(3).
(2) Any provision in this Order transferring property shall be construed, unless the context otherwise requires, as including a reference to the transfer of any rights and liabilities of a health service authority which exist in respect of such property immediately before the transfer date.
(3) Any reference in this Order to any rights or liabilities of a health service authority includes a reference to rights or liabilities acquired or incurred by any predecessor in title of such authority.
(4) Where property, rights or liabilities of a health service authority are transferred from a health service authority to a Local Health Board by virtue of this Order, anything done by or in relation to the health service authority in connection with such property, rights and liabilities shall be treated as if it had been done by or in relation to such Local Health Board.
3. With effect from the transfer date the land described in column 1 of Schedule 1 shall be transferred from the health service authority specified in column 2 of that Schedule to the Local Health Board specified in column 3 of that Schedule.
4.—(1) Save for the exceptions set out in paragraph (2), with effect from the transfer date the contents in or on the land specified in column 1 of Schedule 2 shall be transferred from the health service authority specified in column 2 of that Schedule to the Local Health Board specified in column 3 of that Schedule.
(2) The exceptions to paragraph (1) are —
(a)any records; and
(b)any shared computer system.
5. With effect from the transfer date —
(a)the land of the Powys NHS Trust specified in Schedule 3; and
(b)all other property, rights and liabilities of the Powys NHS Trust
shall be transferred to the Powys Local Health Board.
6.—(1) This article applies to —
(a)records;
(b)shared computer systems;
(c)any property, rights or liabilities of a Welsh health authority which are not transferred by virtue of any other provision of this Order.
(2) All property, rights and liabilities to which paragraph (1) above applies shall on the transfer date be transferred from the Welsh health authorities to the Powys Local Health Board.
7.—(1) Where a dispute arises as a result of any of the transfers effected under this Order between two or more health service authorities, any one of those health service authorities may refer the dispute to the National Assembly for Wales for determination.
(2) Where a reference is made to the National Assembly for Wales under paragraph (1) above, the Assembly may determine the dispute itself or, if it considers it appropriate, appoint a person to determine the dispute on its behalf.
(3) By its determination of a reference under paragraph (1) above, the Assembly or, as the case may be, the person appointed under paragraph (2) above may resolve the dispute and impose binding terms upon the health service authorities involved in the dispute.
(4) A determination of a reference under paragraph (1) above may contain such conditions (including conditions as to payment) as the Assembly or, as the case may be, the person appointed under paragraph (2) above considers appropriate to resolve the matter in dispute.
8.—(1) Where a transfer by virtue of this Order of any property, rights or liabilities operates so as to affect adversely the rights of any third party, the following provisions of this article shall apply.
(2) The fact that any property, right or liability has been transferred by virtue of this Order is not of itself sufficient to establish that the rights of a third party have been adversely affected.
(3) Any dispute between a third party and a health service authority, shall be determined in accordance with the provisions of the Arbitration Act 1996(4) by a sole arbitrator appointed by agreement between the third party and the health service authority, or in default of such agreement, under paragraph (4).
(4) If the third party and the health service authority fail to agree on the appointment of an arbitrator under paragraph (3), either of them may apply to the President for the time being of the Chartered Institute of Arbitrators (5) to appoint an arbitrator to resolve the dispute between them in accordance with the Arbitration Act 1996.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6)
Mike German
Deputy First Minister, Minister for Rural Development and Wales Abroad
28th February 2003
Article 3
| Description of land and the title number (where applicable) | Health service authority in which land is vested on 31st March 2003 | Local Health Board to which the land is to be transferred on 1st April 2003 |
|---|---|---|
Leasehold property at Churchill House Churchill Way Cardiff comprised in five leases | National Assembly for Wales | Powys Local Health Board |
Rights of Occupation at Trenewydd Llandaff Cardiff | National Assembly for Wales | Cardiff Local Health Board |
Leasehold premises at Units 17 — 18 and Units 6 and 16 Centre Court Treforest | National Assembly for Wales | Rhondda Cynon Taff Local Health Board |
Leasehold premises at Triangle Business Park Merthyr | National Assembly for Wales | Merthyr Tydfil Local Health Board |
Leasehold premises at 2 Stanwell Road Penarth | National Assembly for Wales | Vale Local Health Board |
Rights of Occupation at St David’s Hospital Carmarthen | Dyfed Powys Health Authority | Powys Local Health Board |
Leasehold Premises at Glanmor Terrace Bury Port | National Assembly for Wales | Carmarthenshire Local Health Board |
Leasehold premises at 37 High Street Lampeter | National Assembly for Wales | Ceredigion Local Health Board |
Leasehold premises at Merlins Court Haverfordwest | National Assembly for Wales | Pembrokeshire Local Health Board |
Leasehold premises at Mamhilad House (Blocks A and B) Mamhilad Park Pontypool | National Assembly for Wales | Powys Local Health Board |
Leasehold premises at Mamhilad House (Block C) Mamhilad Park Estate Pontypool | National Assembly for Wales | Torfaen Local Health Board |
Leasehold premises at Brecon House Mamhilad Park Estate Pontypool | National Assembly for Wales | Powys Local Health Board |
Leasehold premises at 16/17a Market Square Brynmawr | National Assembly for Wales | Blaenau Gwent Local Health Board |
Leasehold premises at Beaufort Surgery Beaufort | National Assembly for Wales | Blaenau Gwent Local Health Board |
Leasehold premises at Braeside Surgery Ebbw Vale | National Assembly for Wales | Blaenau Gwent Local Health Board |
Leasehold premises at Brynmawr Health Centre Blaenau Road Brynmawr | National Assembly for Wales | Blaenau Gwent Local Health Board |
Rights of Occupation at Chepstow Community Hospital Chepstow | National Assembly for Wales | Monmouthshire Local Health Board |
Rights of Occupation at Ystrad Mynach Hospital | National Assembly for Wales | Caerphilly Local Health Board |
Leasehold premises at Gilfach Surgery Gilfach | National Assembly for Wales | Caerphilly Local Health Board |
Leasehold premises at Penyrheol Surgery Caerphilly | National Assembly for Wales | Caerphilly Local Health Board |
Leasehold premises at Senghenydd Surgery Senghenydd | National Assembly for Wales | Caerphilly Local Health Board |
Leasehold premises at Crown Building William Street Gilfach Bargoed | National Assembly for Wales | Caerphilly Local Health Board |
Freehold land at Crown Street Crumlin Comprised in Title Numbers: WA240532 WA275728 WA432366 | National Assembly for Wales | Caerphilly Local Health Board |
Rights of Occupation at St Cadoc’s Hospital Caerleon | Gwent Health Authority | Newport Local Health Board |
Leasehold premises at Alway Health Centre Penkin Close Alway Newport | National Assembly for Wales | Newport Local Health Board |
Leasehold premises at Oldway House High Street Swansea | National Assembly for Wales | Powys Local Health Board |
Leasehold premises at North Court Bridgend Industrial Estate | National Assembly for Wales | Bridgend Local Health Board |
Rights of Occupation at Maesteg Hospital Maesteg | Morgannwg Health Authority | Bridgend Local Health Board |
Leasehold interests at Britannic House Llandarcy | National Assembly for Wales | Neath/Port Talbot Local Health Board |
Leasehold premises at 25 Commercial Road Resolven | National Assembly for Wales | Neath/Port Talbot Local Health Board |
Leasehold premises at Kidwelly House Swansea Enterprise Park Swansea | National Assembly for Wales | Swansea Local Health Board |
Leasehold premises at Raglan House Swansea Enterprise Park Swansea | National Assembly for Wales | Swansea Local Health Board |
Rights of Occupation at Preswylfa Mold | North Wales Health Authority | Powys Local Health Board |
Rights of Occupation at Preswylfa Mold | North Wales Health Authority | Flintshire Local Health Board |
Rights of Occupation at Eryldon Caernarfon | North Wales Health Authority | Powys Local Health Board |
Rights of Occupation at Eryldon | North Wales Health Authority | Gwynedd Local Health Board |
Rights of Occupation at Glyn Colwyn Colwyn Bay | North Wales Health Authority | Conwy Local Health Board |
Leasehold premises at 17 High Street Llangefni | National Assembly for Wales | Anglesey Local Health Board |
Leasehold premises at Hightown Barracks Wrexham | National Assembly for Wales | Wrexham Local Health Board |
Rights of Occupation at The Stores Mold Ambulance Station | National Assembly for Wales | Powys Local Health Board |
Rights of Occupation at H M Stanley Hospital St Asaph | National Assembly for Wales | Denbighshire Local Health Board |
Article 4
| Description of land where contents are situated or normally kept | Health service authority in which the contents are vested on 31st March 2003 | Local Health Board to which the contents are to be transferred on 1st April 2003 |
|---|---|---|
Leasehold property at Churchill House Churchill Way Cardiff comprised in five leases | National Assembly for Wales | Powys Local Health Board |
Rights of Occupation at Trenewydd Llandaff Cardiff | National Assembly for Wales | Cardiff Local Health Board |
Leasehold premises at Units 17 — 18 and Units 6 and 16 Centre Court Treforest | National Assembly for Wales | Rhondda Cynon Taff Local Health Board |
Leasehold premises at Triangle Business Park Merthyr | National Assembly for Wales | Merthyr Tydfil Local Health Board |
Leasehold premises at 2 Stanwell Road Penarth | National Assembly for Wales | Vale Local Health Board |
Rights of Occupation at St David’s Hospital Carmarthen | Dyfed Powys Health Authority | Powys Local Health Board |
Leasehold Premises at Glanmor Terrace Bury Port | National Assembly for Wales | Carmarthenshire Local Health Board |
Leasehold premises at 37 High Street Lampeter | National Assembly for Wales | Ceredigion Local Health Board |
Leasehold premises at Merlins Court Haverfordwest | National Assembly for Wales | Pembrokeshire Local Health Board |
Leasehold premises at Mamhilad House (Blocks A and B) Mamhilad Park Pontypool | National Assembly for Wales | Powys Local Health Board |
Leasehold premises at Mamhilad House (Block C) Mamhilad Park Estate Pontypool | National Assembly for Wales | Torfaen Local Health Board |
Leasehold premises at Brecon House Mamhilad Park Estate Pontypool | National Assembly for Wales | Powys Local Health Board |
Leasehold premises at 16/17a Market Square Brynmawr | National Assembly for Wales | Blaenau Gwent Local Health Board |
Leasehold premises at Beaufort Surgery Beaufort | National Assembly for Wales | Blaenau Gwent Local Health Board |
Leasehold premises at Braeside Surgery Ebbw Vale | National Assembly for Wales | Blaenau Gwent Local Health Board |
Leasehold premises at Brynmawr Health Centre Blaenau Road Brynmawr | National Assembly for Wales | Blaenau Gwent Local Health Board |
Rights of Occupation at Chepstow Community Hospital Chepstow | National Assembly for Wales | Monmouthshire Local Health Board |
Rights of Occupation at Ystrad Mynach Hospital | National Assembly for Wales | Caerphilly Local Health Board |
Leasehold premises at Gilfach Surgery Gilfach | National Assembly for Wales | Caerphilly Local Health Board |
Leasehold premises at Penyrheol Surgery Caerphilly | National Assembly for Wales | Caerphilly Local Health Board |
Leasehold premises at Senghenydd Surgery Senghenydd | National Assembly for Wales | Caerphilly Local Health Board |
Leasehold premises at Crown Building William Street Gilfach Bargoed | National Assembly for Wales | Caerphilly Local Health Board |
Freehold land at Crown Street Crumlin Comprised in Title Numbers: WA240532 WA275728 WA432366 | National Assembly for Wales | Caerphilly Local Health Board |
Rights of Occupation at St Cadoc’s Hospital Caerleon | Gwent Health Authority | Newport Local Health Board |
Leasehold premises at Alway Health Centre Penkin Close Alway Newport | National Assembly for Wales | Newport Local Health Board |
Leasehold premises at Oldway House High Street Swansea | National Assembly for Wales | Powys Local Health Board |
Leasehold premises at North Court Bridgend Industrial Estate | National Assembly for Wales | Bridgend Local Health Board |
Rights of Occupation at Maesteg Hospital Maesteg | Morgannwg Health Authority | Bridgend Local Health Board |
Leasehold interests at Britannic House Llandarcy | National Assembly for Wales | Neath/Port Talbot Local Health Board |
Leasehold premises at 25 Commercial Road Resolven | National Assembly for Wales | Neath/Port Talbot Local Health Board |
Leasehold premises at Kidwelly House Swansea Enterprise Park Swansea | National Assembly for Wales | Swansea Local Health Board |
Leasehold premises at Raglan House Swansea Enterprise Park Swansea | National Assembly for Wales | Swansea Local Health Board |
Rights of Occupation at Preswylfa Mold | North Wales Health Authority | Powys Local Health Board |
Rights of Occupation at Preswylfa Mold | North Wales Health Authority | Flintshire Local Health Board |
Rights of Occupation at Eryldon Caernarfon | North Wales Health Authority | Powys Local Health Board |
Rights of Occupation at Eryldon | North Wales Health Authority | Gwynedd Local Health Board |
Rights of Occupation at Glyn Colwyn Colwyn Bay | North Wales Health Authority | Conwy Local Health Board |
Leasehold premises at 17 High Street Llangefni | National Assembly for Wales | Anglesey Local Health Board |
Leasehold premises at Hightown Barracks Wrexham | National Assembly for Wales | Wrexham Local Health Board |
Rights of Occupation at The Stores Mold Ambulance Station | National Assembly for Wales | Powys Local Health Board |
Rights of Occupation at H M Stanley Hospital St Asaph | National Assembly for Wales | Denbighshire Local Health Board |
Article 5
| Ysbyty Broddyfi, Machynlleth | CYM13199 |
| Llandrindod Wells Hospital | WA681837 & WA508116 (possessory) |
| Llanidloes District Hospital | WA681855 |
| Montgomery County Infirmary, Newtown | WA681839 |
| Victoria Memorial Hospital, Welshpool | WA681854 |
| Breconshire War Memorial Hospital | WA681892 |
| Builth Wells Cottage Hospital | WA681847 & WA731785 |
| Knighton Hospital | WA681845 |
| Bronllys Hospital | WA795582 (+ 1 other) |
| Ystradgynlais Community Hospital | WA681844 |
| Ystradgynlais Mental Health Resource Centre, Tawelfan | WA515581 |
| Presteigne Health Centre | Licence |
| Rhayader Health Clinic (to be sold) | WA681852 |
| Llandrindod Wells Mental Health Resource Centre, The Hazels | WA681841 |
| Welshpool Health Centre | WA681848 |
| Mental Health Centre, Tŷ Illtyd, Brecon | WA449446 |
| Coelbren Health Centre | WA681850 |
| Hay on Wye Health Clinic | WA681843 |
| Knighton Health Clinic | WA681843 |
| Knighton OT & MH Day Centre | WA681842 |
| Newtown Park Street Health Clinic | WA734950 |
| Llandrindod Wells Offices (Merlin) | WA472981 |
| Llandrindod Wells Stores (Westdene) | WA483290 |
| Newtown District Offices, Back Lane | WA695886 |
| The Larches, Ystradgynlais | WA740541 |
| Ynys y Plant, Newtown | WA825644 |
| Llandrindod Wells Hospital | WA425857 |
| Rights of Occupation | Part of Surgery at Cwmllynfell |
| Rights of Occupation | Part of Surgery at Pengorof |
| Rights of Occupation | Part of Glynneath Clinic |
| Rights of Occuaption | Part of Surgery at Abercraf |
| Rights of Occupation | Part of Surgery at Brecon |
| Leasehold Premises | Comprising part of Sennybridge Health Centre |
| Leasehold Premises | Comprising part of Crickhowell Health Centre |
| Rights of Occupation | Part of Talgarth Surgery |
| Rights of Occupation | Part of Hay on Wye Surgery |
| Rights of Occupation | Part of Wylcwm Street Surgery |
| Rights of Occupation | Part of Erw Vane Surgery |
| Rights of Occupation | Part of Rhayader Surgery |
| Leasehold Premises | Comprising part of Hafan Resource Centre |
| Rights of Occupation | Part of Presteigne Surgery |
| Rights of Occupation | Part of Glandŵ r Park Surgery |
| Rights of Occupation | Part of Llanwrtyd Wells Health Centre |
| Leasehold Premises | Comprising part of Llanidloes Surgery |
| Rights of Occupation | Part of Caersws Surgery |
| Rights of Occupation | Part of Machynlleth Health Centre |
| Rights of Occupation | Part of Glantwymyn Health Centre, Cemmaes Road |
| Rights of Occupation | Part of Llanfyllin Health Centre |
| Leasehold Premises | Comprising part of Llanfair Caereinion Health Centre |
| Rights of Occupation | Part of Surgery at Welshpool |
| Leasehold Premises | Brynterion |
| Rights of Occupation | Part of Former Newtown Surgery |
| Rights of Occupation | Part of Newtown Medical Centre |
| Rights of Occupation | Part of Montgomery Medical Centre |
| Leasehold Premises | Comprising part of St David’s House, Newtown |
| Leasehold Premises | Comprising part of Mochdre Unit L (Works North) |
| Rights of Occupation | Part of Robert Owen House, Newtown |
(This note is not part of the Order)
Under paragraphs 20 and 21 of Schedule 5B to the National Health Service Act 1977 (1977 c. 49), as amended by Schedule 4 of the National Health Service Reform and Health Care Professions Act 2002 (2002 c. 17), the National Assembly for Wales has the power to transfer (or provide for the transfer of) any of the property, rights and liabilities of a Health Authority or a National Health Service Trust in Wales to a Local Health Board.
This Order transfers —
(a)the land and interests in land set out in Schedule 1 from the present owners to the specific Local Health Boards listed in that Schedule;
(b)the contents of buildings or parts of buildings set out in Schedule 2 to the specific Local Health Boards listed in that Schedule;
(c)any other property, rights and liabilities of the Welsh health authorities to the Powys Local Health Board; and
(d)all property, rights and liabilities of the Powys Health Care National Health Service Trust established by the Powys Health Care National Health Service Trust (Establishment) Order 1992 (S.I. 1992/2741) to the Powys Local Health Board.
Local Health Boards are established by the Local Health Boards (Establishment) Order 2003 (S.I. 2003/148, (W.18)).
In accordance with paragraph 20(2) of Schedule 5B to the 1977 Act, the property, rights and liabilities transferred by this Order have been identified by agreement between the health service authorities and the Local Health Boards affected by the transfers.
In accordance with the requirements in paragraph 21(3) of Schedule 5B, this Order contains provisions to safeguard the interests of third parties including, where appropriate, provision for the payment of compensation of an amount determined by an arbitrator appointed in accordance with the Arbitration Act 1996.
The Order also provides for the resolution of any disputes between health service authorities arising as a result of any of the transfers effected by or under the Order.
S.I. 1992/2741.
S.I. 1996/146.
The Chartered Institute of Arbitrators may be contacted at the International Arbitration Centre, Bloomsbury Square, London, WC1A 2LP, telephone 020 7421 744 or e-mail info.@arbitrators.org.