The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Continuity and supplementary provision U.K.

6.—(1) Any right relating to property held by the Agency immediately before the transfer date that was enforceable by or against the Agency before the transfer date is, on and after that date, enforceable by or against the Secretary of State.

(2) Any act or omission by, or in relation to, the Agency before the transfer date in respect of—

(a) the exercise of any of the functions of the Agency;

(b) under or in connection with any contract or agreement entered into by the Agency; or

(c) in connection with any of the property or liabilities of the Agency transferred by this Order,

is deemed to have been an act or omission of, or in relation to, the Secretary of State.

(3) Subject to article 7, anything (which may include legal proceedings) which, when this Order comes into force, is in the process of being done by, or in relation to, the Agency in respect of, or in connection with—

(a) the exercise by the Agency of any of its functions; or

(b) any property or liabilities of the Agency transferred by this Order,

is deemed to have effect as if done by, or in relation to, and may be continued by, or in relation to, the Secretary of State.

(4) Any reference to the Agency in any agreement (whether written or not), instrument or other document in connection with any of the functions of the Agency or any property or liabilities transferred by this Order is to be treated as a reference to the Secretary of State.

(5) No right to terminate or vary a contract, arrangement or instrument is to operate or become exercisable, and no provision of any contract, arrangement or instrument is to operate or become exercisable or be contravened, by reason of the transfer of any property or liabilities under or by virtue of this Order.

(6) The transfer of any property, rights and liabilities by this Order is to be made—

(a) irrespective of any requirement for consent that would otherwise apply (whether arising under any enactment, instrument, agreement or otherwise); and

(b) whether or not they would otherwise be capable of being transferred.