1 Title, Commencement and Interpretation

(1)    The title of this Order is the North Glamorgan National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 April 2008.

(2)    In this Order unless the context otherwise requires;

“the old trust” (“yr hen ymddiriedolaeth”) means the North Glamorgan National Health Service Trust established on 19 February 1996;

“the transfer date” (“y dyddiad trosglwyddo”) means the 1 April 2008;

“the new trust” (“yr ymddiriedolaeth newydd”) means the Cwm Taf National Health Service Trust established on 12 March 2008.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2008: see para (1) above.

2 Transfer of employees to the transferee

2Transfer of employees to the transferee

(1)    Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have their contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.

(2)    Without prejudice to paragraph (1) above—

(a)    all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;

(b)    anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.

(3)    Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by this article.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2008: see art 1(1).

3 Transfer of property, rights and liabilities

3Transfer of property, rights and liabilities

On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, shall be transferred to the trust, including without limitation—

(a)    The duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;

(b)    The trust property of the old trust listed in schedule 1.

(c)    The charities of the old trust listed in schedule 2.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2008: see art 1(1).

4 Transfer of functions of the old trust to the new trust

4Transfer of functions of the old trust to the new trust

With effect from the transfer date, all the functions of the old trust are transferred to the new trust.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2008: see art 1(1).

Signature

Edwina Hart

Minister for Health and Social Services, one of the Welsh Ministers

28 March 2008

SCHEDULE 1

SCHEDULE 1 Article 3(b)
PropertyTenureLand Registry
North Glamorgan National Health Service Trust
Hospital
Aberdare GeneralFreeholdWA794503
Mountain AshFreeholdWA794490
Prince CharlesFreeholdWA794505
St Tydfil'sFreeholdWA794584
Health Clinics/Centres
Abercynon Health Centre, Ynysmeurig Road, Abercynon, Rhondda Cynon Taff, CF45 4SULeasehold
AberdareFreeholdWA794527
AberfanFreeholdWA794484
WA794534484
Campsie House, MerthyrFreeholdWA794534
HirwaunFreeholdWA707946
HolliesFreeholdWA794547
Seymour BerryFreeholdWA794517
TreharrisFreeholdWA794595
Other
Unit 7A, Cyfarthfa Industrial Estate, CF47 8PELeasehold
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2008: see art 1(1).

SCHEDULE 2

SCHEDULE 2 Article 3(c)

The North Glamorgan NHS Trust General Charitable Fund (including all subsidiary charities)—Charity Number 1060880.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2008: see art 1(1).

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order provides for the transfer of staff from the North Glamorgan National Health Service Trust to the Cwm Taf National Health Service Trust from the 1 April 2008.

This Order also provides for the transfer of all property, rights and liabilities of the North Glamorgan National Health Service Trust to be transferred to the Cwm Taf National Health Service Trust on 1 April 2008.