Health Authorities Act, 1960

• Permanent Page URL

THIRD SCHEDULE.

Provisions consequential on the Dissolution of certain Boards.

Sections 15 and 22 .

Transfer of property.

1. (1) All 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 Board 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 authority for all the estate, term or interest for which the same immediately before the commencement was vested in or belonged to or was held in trust for the board, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) All 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 board shall, upon the request of the authority made at any time after the commencement, be transferred in such books by such bank, corporation or company into the name of the authority.

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

Transfer of liabilities.

2. (1) Every debt and other liability (including stock and mortgage debts and also including 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 board shall, on the commencement, become and be the debt or liability of the authority and shall be paid or discharged by and may be recovered from or enforced against the authority accordingly.

(2) The dissolution of the board shall not invalidate or effect any paying order which may have been issued by the board and not presented for payment before the commencement or any authority given by the board for the payment of the amount of such paying order, and the authority 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. Every bond, guarantee, or other security of a continuing character made or given by the board to another person or by any person to the board and in force immediately before the commencement and every contract or agreement in writing made between the board and another person and not fully executed and completed before the commencement shall, notwithstanding the dissolution of the board, continue in force after the commencement but shall be construed and have effect as if the name of the authority were substituted therein for the name of the board, and such security, contract or agreement shall be enforceable by or against the authority accordingly.

Continuance of rules and regulations.

4. Every rule and regulation lawfully made by the board 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 (as the case may be) made on the commencement by the 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 board, 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 authority in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the board if this Act had not been passed.

Continuance of resolutions, etc.

5. Every resolution passed, order made, and notice served by the board 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 authority on the date on which the same was actually passed, made or served by the board and as if the functions of the board were, on the said date, performable by the authority.

Continuance of pending legal proceedings.

6. In every action, suit, prosecution or other proceeding which stood pending immediately before the commencement in any court or tribunal and to which the board was a party, the authority shall on the commencement become and be a party in the place of the board and such proceeding shall be continued between the authority and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the board.

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 board and which, immediately before the commencement, would be receivable in evidence shall, notwithstanding the dissolution of the board, 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 board would, if verified in a particular manner by a particular officer of the board, have been admissable 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 authority corresponding to such particular officer, be admitted, after the commencement, as evidence of such contents to the same extent as such 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 board and of committees thereof and of the respective officers of the board 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 such 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) Every officer of the board 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 board and also every member of the board 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. Every person who, immediately before the commencement, was an officer of the board shall, on such commencement, be transferred to the service of the authority and become and be an officer of the authority and, for the purposes of any enactment relating to superannuation, his office under the board shall be deemed not to have been abolished.

Preservation of contracts of service.

10. Every contract of service express or implied which was in force immediately before the commencement between the board and any person not being an officer of the board shall continue in force after the commencement, but shall be construed and have effect as if the authority were substituted therein for the board, and every such contract shall be enforceable by or against the authority accordingly.