Health Act, 1970

THIRD SCHEDULE

Provisions consequential on Dissolutions

Section 34 .

Transfer of property.

1. (1) Any property, whether real or personal (including choses-in-action) which immediately before the commencement was vested in or belonged to or was held in trust for the dissolved body and all rights, powers and privileges relating to or connected with any such property shall, on the commencement, 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 or the property of or held in trust for (as the case may require) the body to which it is transferred for all the estate, term of interest for which the same immediately before the commencement was vested in or belonged to or was held in trust for the dissolved body, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) Any property transferred by this paragraph which, immediately before the commencement, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of the dissolved body shall, upon the request of the body to which it is transferred made at any time after the commencement, be transferred in such books by such bank, corporation or company into the name of that body.

(3) After the commencement, every chose-in-action transferred in accordance with this paragraph to a body may be sued upon, recovered or enforced by that body in its own name, and it shall not be necessary for the body to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

Transfer of liabilities.

2. (1) Any debt and other liability (including stock and mortgage debts, and unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement was owing and unpaid or had been incurred and was undischarged by the dissolved body shall, on the commencement, become and be the debt or liability of the body to which it is transferred and shall be paid or discharged by and may be recovered from or enforced against that body accordingly.

(2) A dissolution under section 34 shall not invalidate or affect any paying order which may have been issued by the dissolved body and not presented for payment before the commencement or any authority given by the dissolved body for the payment of the amount of the paying order, and the body to which the relevant liability is transferred shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the commencement.

Preservation of continuing contracts.

3. Any bond, guarantee, or other security of a continuing character made or given by the dissolved body to another person or by any person to the dissolved body and in force immediately before the commencement, and every contract or agreement in writing made between the dissolved body and another person and not fully executed and completed before the commencement shall, notwithstanding the dissolution, continue in force after the commencement but shall be construed and have effect as if the name of the body specified in the relevant order under section 34 were substituted therein for the name of the dissolved body and such security, contract or agreement shall be enforceable accordingly by or against the body so specified.

Continuance of rules and regulations.

4. Any rule and regulation lawfully made by the dissolved body and in force immediately before the commencement shall, after the commencement and so far as it is not inconsistent with this Act, continue in force and have effect as a rule or regulation made on the commencement by the body in which the relevant functions are vested by this Act for the residue then unexpired of the period and in respect of the area for and in respect of which the same was actually made by the dissolved body, and accordingly every such rule and regulation may be continued, varied or revoked, and penalties and forfeitures arising thereunder before or after the commencement may be recovered and enforced by the body in which the relevant functions are so vested in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the dissolved body if this Act had not been passed.

Continuance of resolutions, etc.

5. Any resolution passed, order made or notice served by the dissolved body before the commencement the operation, effect or term of which had not ceased or expired before the commencement shall, after the commencement and so far as it is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, order made or notice served by the body in which the relevant functions are vested by this Act on the date on which the same was actually passed, made or served by the dissolved body and as if the functions of the dissolved body were, on the said date, performable by the body in which the relevant functions are so vested.

Continuance of pending legal proceedings.

6. In any action, suit, prosecution or other proceeding which was pending immediately before the commencement in any court or tribunal and to which the dissolved body was a party, the body specified in the relevant order under section 34 shall on the commencement become and be a party in the place of the dissolved body and such proceeding shall be continued between the body so specified and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution.

Admissibility in evidence of books.

7. (1) All books and other documents directed or authorised by or under any statute to be kept by the dissolved body and which, immediately before the commencement, would be receivable in evidence shall, notwithstanding the dissolution, be admitted in evidence after the commencement as fully as if this Act had not been passed.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute to be kept by the dissolved body would, if verified in a particular manner by a particular officer of that body, have been admissible immediately before the commencement as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the health board or other body corresponding to the particular officer, be admitted after the commencement as evidence of the contents to the same extent as the first-mentioned extract or certificate would have been so admitted if this Act had not been passed.

Audit of accounts.

8. (1) The accounts of all income and expenditure of the dissolved body and of committees thereof and of the respective officers of the dissolved body and such committees up to the commencement shall, as soon as conveniently may be after the commencement, be audited, and disallowances, surcharges, charges and penalties in relation to the accounts, income and expenditure shall be made, recovered and enforced in like manner as nearly as may be as if this Act had not been passed.

(2) Any officer of the dissolved body or of any committee thereof whose duty it is to make up any accounts of or to account for any portion of the income or expenditure of the dissolved body and also every member of the dissolved body or of any such committee shall, until the audit of the accounts of such income and expenditure up to the commencement is complete, be deemed for the purposes of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.

Transfer of officers.

9. Any person, who immediately before the commencement was an officer of the dissolved body shall, on such commencement, be transferred to the service of the body specified in the relevant order under section 34 and become and be an officer of that body and, for the purposes of any enactment relating to superannuation, his office under the dissolved body shall be deemed not to have been abolished.

Preservation of contracts of service.

10. Any contract of service (express or implied) in force immediately before the commencement between the dissolved body and any person not being an officer of the dissolved body shall continue in force after the commencement, but shall be construed and have effect as if the body specified in the relevant order under section 34 were substituted therein for the dissolved body, and every such contract shall be enforceable accordingly by or against the body so specified.