115UGovernor in Council may order amalgamation

115U Governor in Council may order amalgamation S. 115U(1) amended by Nos 46/1998 s. 7(Sch. 1), 52/2017 s. 59. (1) The Governor in Council, on the recommendation of the Minister made after receiving advice from the Secretary under section 115SA or 115T, may by Order published in the Government Gazette direct that— (a) 2 or more registered funded agencies be amalgamated and declare the amalgamated body to be a multi purpose service; or (b) a multi purpose service and one or more registered funded agencies, or 2 or more multi purpose services, be amalgamated and declare the amalgamated body to be— (i) a multi purpose service; or (ii) a public hospital; or (iii) an incorporated association. (2) If an Order is made under subsection (1)— (a) on a date specified in the Order— (i) the incorporation of each registered funded agency to which the Order relates that is an incorporated body shall be cancelled; or (ii) each registered funded agency to which the Order relates that is an unincorporated body shall cease to exist; or (iii) each multi purpose service to which the Order relates shall cease to exist— as the case requires; and (b) on that date a new body of the kind specified in the Order having a board or committee of management constituted as specified in the Order shall come into existence by operation of the Order as if on that date— (i) in the case of a multi purpose service or public hospital, it had been incorporated under this Act; or S. 115U (2)(b)(ii) substituted by No. 20/2012 s. 226(Sch. 5 item 15(5)). (ii) in the case of an incorporated association, it had been registered as an incorporated association under the **Associations Incorporation Reform Act 2012**; and (c) on that date the property of each registered funded agency and multi purpose service that is the subject of the Order vests in the new body without the necessity for any conveyance, transfer or assignment and so vests subject to— (i) any trust; and (ii) any restriction, limitation, mortgage, charge, encumbrance, lien, lease, covenant, contract or liability— to which the property was subject immediately before that date; and S. 115U(2)(d) amended by No. 66/1998 s. 11(4). (d) on that date all debts and liabilities, whether certain or contingent, of a registered funded agency or multi purpose service that is the subject of the Order existing at that date become the debts and liabilities of the new body; and S. 115U(2)(e) inserted by No. 66/1998 s. 11(4). (e) on and from that date, each registered funded agency or multi purpose service to which the Order relates must be taken, for the purposes of any trust in relation to that agency or service, not to have had its incorporation cancelled or to have ceased to exist and the new body must be taken to be the same body as that agency or service for those purposes; and S. 115U(2)(f) inserted by No. 66/1998 s. 11(4). (f) without limiting the effect of paragraph (e), on and from that date, an instrument creating a trust in relation to— (i) a registered funded agency or multi purpose service to which the Order relates; or (ii) a former agency of which such a registered funded agency or multi purpose service is the successor agency— continues to have effect according to its tenor as if the trust were in relation to the new body. (3) An Order under subsection (1) may include such other provisions not inconsistent with this Part or, in the case of a public hospital or an incorporated association, Part 3 as are necessary or expedient, including provisions giving effect to any agreement under section 115T. S. 115U(4) inserted by No. 66/1998 s. 11(5). (4) Subsection (2), as amended by section 11(4) of the **Health Services (Further Amendment) Act 1998**, has effect with respect to— (a) an Order made under subsection (1) before the commencement of that section of that Act; and (b) an instrument of a kind referred to in subsection (2)(f) of this section— in the same way as it would if it had been in force as so amended at the time when the Order was made and must be taken to have always had that effect on and from that time. S. 115V inserted by No. 99/1995 s. 6.