SCHEDULE 3 - Savings and transitional provisions

Section 11

1.    Interpretation

In this Schedule –

Board means a Regional Health Board in existence immediately before the proclaimed day;

proclaimed day means the day proclaimed under section 2 .

2.    Assets and liabilities of Boards

(1) On the proclaimed day –

(a) the assets of a Board are, by virtue of this clause, vested in the Crown on the same terms and conditions as they were vested in the Board; and

(b) all rights, obligations and liabilities of a Board which are subsisting immediately before that day are transferred to the Crown.

(2) Any instrument made for the purposes of subclause (1) is exempt from stamp duty and may be filed, recorded or registered without payment of any fee.

(3) All money, land and other property which vests in the Crown as the successor of a Board remains subject to any trusts affecting that property at the time when it so vests and is to be appropriated and dealt with by the Minister for the purposes of those trusts and in accordance with the terms of those trusts.

3.    Contracts and agreements

On and from the proclaimed day any contract or agreement entered into by or on behalf of a Board before that day is to be treated for all purposes as a contract or agreement entered into by the Crown.

4.    References to Regional Health Board

On and from the proclaimed day a reference to a Regional Health Board in –

(a) a law; or

(b) a contract, award or other instrument to which a Board was a party –

is to be construed as a reference to the Crown.

5.    Legal proceedings

Any legal or other proceedings which may, before the proclaimed day, have been instituted or continued by or against a Board may, on and after that day, be instituted or continued by or against the Crown.

6.    Quality assurance committees

A committee declared by the Minister to be an approved quality assurance committee under the Health (Regional Boards) Act 1991 is taken to have been declared as an approved quality assurance committee under this Act.

7.    Employees

(1) A person who immediately before the proclaimed day holds office as a person appointed or employed pursuant to section 22 of the Health (Regional Boards) Act 1991 (as in force immediately before that day) continues, on that commencement, to hold office on the same terms and conditions as were applicable to that person immediately before that day.

(2) A person referred to in subclause (1) retains all rights, entitlements and privileges which accrued during that person's employment pursuant to section 22 of the Health (Regional Boards) Act 1991 .

8.    Acts, &c., done by or to Regional Health Board

All acts, matters and things done or omitted to be done by, or done or suffered in relation to, a Board before the proclaimed day have, on that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Crown.

9.    Unclaimed property

Any money or personal effects of a person who has died at a hospital or nursing home maintained and operated by a Board and which has not been dealt with before the proclaimed day in accordance with section 33 of the Health (Regional Boards) Act 1991 may, on or after that day, be dealt with as if section 33 had not been repealed.