HEALTH SERVICES ACT 1988 - SECT 253 Cancellation of agency's incorporation

HEALTH SERVICES ACT 1988 - SECT 253

    (1)     If the incorporation of a public hospital is cancelled by Order under section 248—

        (a)     Schedule 1 is amended by the omission of the name of that public hospital; and

        (b)     the members of the board of the public hospital go out of office; and

        (c)     the chief executive officer of the public hospital goes out of office.

    (2)     If the incorporation of a public health service is cancelled by Order under section 248—

        (a)     Schedule 5 is amended by the omission of the name of that public health service; and

        (b)     the directors of the board of the public health service go out of office; and

        (c)     the chief executive officer of the public health service goes out of office.

    (3)     If the incorporation of an agency is cancelled by Order under section 248 and all its property, rights and liabilities have not been allocated to another agency, on the effective date of the Order—

        (a)     the remaining property and rights of the agency, wherever located, vest in the Crown; and

        (b)     the remaining liabilities of the agency, wherever located, become liabilities of the Crown; and

        (c)     the Crown becomes the successor in law of the agency in respect of that property and those rights and liabilities; and

        (d)     this Part applies as if any reference—

              (i)     to property, rights and liabilities of a transferring agency whose incorporation is cancelled by Order under section 248 were a reference to property, rights and liabilities vested in the Crown under this subsection; and

              (ii)     to a receiving agency were a reference to the Crown.

    (4)     Subsection (3) does not apply to a trust.

S. 254 inserted by No. 52/2004 s. 51.