Health Authorities Act, 1960

Transfers of certain property.

16.—(1) In this section “appointing local authority” means, in relation to a health authority, a local authority appointing members of the health authority.

(2) On the establishment of a health authority established by this Act, the following property, namely:

(a) all property, whether real or personal (including choses-in-action) which, immediately before the establishment, was vested in or belonged to or was held in trust for an appointing local authority and was property which was solely for the purposes of services to be transferred on the establishment to the health authority, and

(b) all other property, whether real or personal (including choses-in-action), which, immediately before the establishment, was vested in or belonged to or was held in trust for an appointing local authority and stood designated by that authority as property to be transferred to the health authority,

and all rights, powers and privileges relating to or connected with any such property, shall, 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 health authority for all the estate, term, or interest for which the same immediately before the establishment was vested in or belonged to or was held in trust for the appointing local authority, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(3) All property transferred by subsection (2) of this section to a health authority established by this Act which, immediately before the establishment, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of an appointing local authority shall, upon the request of the health authority made at any time after the establishment, be transferred in such books by such bank, corporation or company into the name of the health authority.

(4) Every chose-in-action transferred by subsection (2) of this section to a health authority established by this Act may, after the establishment, be sued upon, recovered, or enforced by the health authority in their own name and it shall not be necessary for the health authority to give notice to the person bound by such chose-in-action of the transfer effected by that subsection.

(5) After the establishment of a health authority established by this Act, every bond, guarantee, or other security of a continuing character made or given by an appointing local authority to another person, or by any person to an appointing local authority, which was in force immediately before the establishment and which related solely to services to be transferred on the establishment to the health authority, and every contract or agreement in writing made between an appointing local authority and another person which was not fully executed and completed before the establishment and which related solely to services to be transferred on the establishment to the health authority shall be construed and have effect as if the name of the health authority were substituted therein for the name of the appointing local authority, and such security, contract or agreement shall be enforceable by or against the health authority accordingly.

(6) After the establishment of a health authority established by this Act, every rule and regulation lawfully made by an appointing local authority which was in force immediately before the establishment and which related solely to services to be transferred on the establishment to the health authority shall, so far as it is not inconsistent with this Act, continue in force and have effect as a rule or regulation (as the case may be) made on the establishment by the health authority 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 appointing local authority, and accordingly every such rule and regulation may be continued, varied or revoked, and penalties and forfeitures arising thereunder before or after the establishment may be recovered and enforced, by the health authority in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the appointing local authority if this Act had not been passed.

(7) After the establishment of a health authority established by this Act, every resolution passed, order made, and notice served by an appointing local authority before the establishment the operation, effect or term of which had not ceased or expired before the establishment (being a resolution, order or notice relating solely to services to be transferred on the establishment to the health authority) shall, 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 health authority on the date on which the same was actually passed, made or served by the appointing local authority and as if the functions of the appointing local authority were, on the said date, performable by the health authority.

(8) All loan charges which, being in respect of money borrowed for the purposes of property transferred by subsection (2) of this section to a health authority established by this Act, become payable after the establishment shall be payable by the health authority.