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