238Old instruments referring to public hospitals

238 Old instruments referring to public hospitals (1) Subsections (2) and (3) apply to a body that is a public health service and, immediately before 1 July 2004, was a public hospital. (2) Each old public hospital instrument (including an instrument made under an Act) that relates to the body has effect and continues to have effect according to its tenor on and after 1 July 2004 as if a reference in the instrument to the body were a reference to the body as the public health service that the body becomes on that date. (3) Without limiting the effect of subsection (2), on and after 1 July 2004, an instrument creating a trust in relation to— (a) the body; or (b) a former agency of which the body is the successor agency— has effect and continues to have effect according to its tenor as if the trust were in relation to the public health service that the body becomes on that date. (4) Subsections (5) and (6) apply to a body that is a public health service and, immediately before the effective date of an Order under section 239 in relation to that body, was a public hospital. (5) Each old public hospital instrument (including an instrument made under an Act) that relates to the body has effect and continues to have effect according to its tenor on and after the effective date of an Order under section 239 as if a reference in the instrument to the body were a reference to the body as the public health service that the body becomes on that date. (6) Without limiting the effect of subsection (5), on and after the effective date of an Order under section 239, an instrument creating a trust in relation to— (a) the body; or (b) a former agency of which the body is the successor agency— has effect and continues to have effect according to its tenor as if the trust were in relation to the public health service that the body becomes on that date. S. 239 inserted by No. 52/2004 s. 51.