Public Hospitals (Amendment) Act, 1938

Transfer of functions of the National Hospital Trustees to the Board and consequential adaptations of the Principal Act.

6.—(1) The powers, duties and functions of the National Hospital Trustees under the Principal Act are hereby transferred to and conferred and imposed on the Board.

(2) For the purposes of giving full effect to sub-section (1) of this section, the following provisions shall have effect, that is to say:—

(a) references to the National Hospital Trustees in the Principal Act shall be construed as references to the Board;

(b) the Hospitals Trust Fund shall, upon the commencement of this Act, be transferred to the name of the Board;

(c) the moneys and investments which, immediately before the commencement of this Act, formed the capital of the Hospitals Trust Fund and also all property, whether real or personal (including choses-in-action), which immediately before such commencement was vested in the National Hospital Trustees and held by them as such Trustees on trust for any of the purposes of the Principal Act, and all rights, powers and privileges relating to or connected with the said Fund or any such property shall, on such commencement and without any conveyance or assignment but subject, where necessary to transfer in the books of any bank, corporation or company, become and be vested in the Board for all the estate, term or interest for which the same was immediately before such commencement vested in the said Trustees;

(d) any property (including the Hospitals Trust Fund) transferred by this section which, immediately before the commencement of this Act, was standing in the books of any bank, or was registered in the books of any bank, corporation, or company, in the name or names of any person or persons shall, upon the request of the Board made on or at any time after such commencement, be transferred in such books by such bank, corporation, or company into the name of the Board;

(e) on and after the commencement of this Act, every chose-in-action transferred by this section to the Board may be sued upon, recovered, or enforced by the Board in its own name, and it shall not be necessary for the Board to give notice to the person bound by such chose-in-action of the transfer effected by this section;

(f) every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement of this Act was owing and unpaid or has been incurred and is undischarged by the National Hospital Trustees, or any one or more of them acting on behalf of the others or other of them, shall, on such commencement, become and be the debt or liability of the Board, and shall be paid or discharged by and may be recovered from or enforced against the Board accordingly.