Health Act, 1947

Transfer of institution maintained by sanitary authority.

15.—(1) Where, on the appointed day, an institution is maintained by an urban sanitary authority (not being a corporation of a county borough) for the purpose of powers and duties imposed on them by or under an enactment which is repealed by this Act, the Minister may by order transfer such institution to a health authority whose functional area includes the functional area of the sanitary authority.

(2) An order under this section shall contain such provisions as the Minister thinks necessary or expedient for enabling the institution to which the order relates to be taken over and maintained by a health authority in accordance with the order.

(3) An order under this section transferring an institution from a sanitary authority to a health authority shall, without prejudice to the generality of subsection (2) of this section, contain such provisions for either or both of the following things, as the Minister thinks necessary or expedient for the purposes mentioned in the said subsection (2), that is to say:—

(a) adjustments of property rights and liabilities;

(b) transfers of the holders of offices under the sanitary authority whose duties relate to the carrying on of the institution to similar offices under the health authority.

(4) Where, by an order under this section, the holder of an office under a sanitary authority is transferred to an office under a health authority, the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.

(5) Where an institution is transferred to a health authority by order under this section, such order shall have effect in accordance with its terms and the institution shall be deemed to have been provided under section 10 of this Act by the health authority.

(6) In this section, the expression “the appointed day” means the day fixed by an order under section 3 of this Act for the coming into operation of the provisions of this Act which repeal the enactment by or under which the power and duty of maintaining the institution is conferred or imposed on the sanitary authority.