The South Essex Partnership University NHS Foundation Trust and the North Essex Partnership University NHS Foundation Trust (Dissolution and Transfer of Property and Liabilities) Order 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/374 |
2017 No. 374
National Health Service, England
The South Essex Partnership University NHS Foundation Trust and the North Essex Partnership University NHS Foundation Trust (Dissolution and Transfer of Property and Liabilities) Order 2017
Made 27th March 2017
Coming into force 1st April 2017
Monitor makes the following Order in exercise of the powers conferred by sections 57(2) and 64(5)(b) of the National Health Service Act 20061.
Monitor makes this Order having granted2the application made by the South Essex Partnership University NHS Foundation Trust and the North Essex Partnership University NHS Foundation Trust under section 56(1) of the National Health Service Act 20063for the dissolution of the trusts and the establishment of a new NHS foundation trust known as the Essex Partnership University NHS Foundation Trust.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the South Essex Partnership University NHS Foundation Trust and the North Essex Partnership University NHS Foundation Trust (Dissolution and Transfer of Property and Liabilities) Order 2017 and comes into force on 1st April 2017.
(2) In this Order—
“the new FT” means the Essex Partnership University NHS Foundation Trust;
“the old FTs” means the South Essex Partnership University NHS Foundation Trust4and the North Essex Partnership University NHS Foundation Trust5, or either trust as the context requires;
“the transfer date” means 1st April 2017; and
“the 2012 Act” means the Health and Social Care Act 20126.
Dissolution
2. The old FTs are dissolved.
Transfer of property and liabilities
3.—(1) On the transfer date, all the property and liabilities of the old FTs shall be transferred to the new FT.
(2) Paragraph (1) does not include any rights and liabilities under, or in connection with, a contract of employment which transferred to the new FT on the transfer date under the Transfer of Undertakings (Protection of Employment) Regulations 20067.
(3) In paragraph (1), subject to paragraph (2), “property and liabilities” includes, without limitation—
(a)
(a) the obligation to prepare any outstanding accounts of the old FTs and to perform all statutory duties relating to those accounts;
(b)
(b) the outstanding public dividend capital of the old FTs, any loans or grants made to them and any other payment obligation;
(c)
(c) any criminal liabilities of the old FTs8; and
(d)
(d) all of the trust property of the old FTs.
(4) Insofar as this Order provides for the transfer—
(a)
(a) of any land held on lease from a third party, or
(b)
(b) of any other asset leased or hired from a third party or in which a third party has an interest,
the transfer is binding on the third party notwithstanding that, apart from this paragraph, it would have required the third party’s consent or concurrence.
Monitor licence
4.—(1) The licences held by the old FTs under Chapter 3 of Part 3 of the 2012 Act9do not apply to the new FT.
(2) Any enforcement actions against the old FTs in effect immediately before the transfer date do not apply to the new FT.
(3) In this article, “enforcement action” means—
(a)
(a) a discretionary requirement imposed by Monitor...
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