Control of Imports Quota Orders. - Public Hospitals (Amendment) Bill, 1938—Committee and Final Stages.
Sections 1 to 5, inclusive, agreed to.
SECTION 6.
(2) For the purposes of giving full effect to sub-section (1) of this section, the following provisions shall have effect, that is to say:—
(a) references to the National Hospital Trustees in the Principal Act shall be construed as references to the board;
(b) the Hospitals Trust Fund shall, upon the commencement of this Act, be transferred from the names of the National Hospital Trustees to the name of the board;
(c) for the purposes of Section 22 of the Principal Act, the board shall be deemed to be the successors of the National Hospital Trustees;
(d) the moneys and investments which, immediately before the commencement of this Act, formed the capital of the Hospitals Trust Fund and also all property, whether real or personal (including choses-in-action), which immediately before such commencement was vested in the National Hospital Trustees and held by them as such trustees on trust for any of the purposes of the Principal Act, and all rights, powers and privileges relating to or connected with the said fund or any such property shall, on the appointed day and without any conveyance or assignment but subject, where necessary to transfer in the books of any bank, corporation or company, become and be vested in the board for all the estate, term or interest for which the same was immediately before the appointed day vested in the said trustees;
(e) all property (including the Hospitals Trust Fund) transferred by this section which, immediately before the commencement of this Act, was standing in the books of any bank, or was registered in the books of any bank, corporation, or company, in the name of the National Hospital Trustees shall, upon the request of the board made on or at any, time after the appointed day, be transferred in such books by such bank, corporation, or company into the name of the board;
(f) on and after the commencement of this Act, every chose-in-action transferred by this section from the National Hospital Trustees to the board may be sued upon, recovered, or enforced by the board in its own name, and it shall not be necessary for the board to give notice to the person bound by such chose-in-action of the transfer effected by this section;
(g) every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement of this Act was owing and unpaid or has been incurred and is undischarged by the National Hospital Trustees, or any one or more of them acting on behalf of the others or other of them, shall, on such commencement, become and be the debt or liability of the board, and shall be paid or discharged by and may be recovered from or enforced against the board accordingly.
I move amendment No. 1:—
In sub-section (2), paragraph (b), page 3, lines 34 and 35, to delete the words "from the names of the National Hospital Trustees."
Amendment agreed to.
I move amendment No. 2:—
In sub-section (2), to delete paragraph (c).
Amendment agreed to.
I move amendment No. 3:—
In sub-section (2), page 3, to delete the words "appointed day" in lines 48, 53 and 61 and substitute in each case the words "such commencement."
Amendment agreed to.
I move amendment No. 4:—
In sub-section (2), paragraph (e), page 3, line 55, to delete the word "all" and substitute the word "any."
Amendment agreed to.
I move amendment No. 5:—
In sub-section (2), paragraph (e), page 3, lines 59 and 60, to delete the words "of the National Hospital Trustees" and substitute the words "or names of any person or persons."
Amendment agreed to.
I move amendment No. 6:—
In sub-section (2), paragraph (f), page 4, lines 2 and 3, to delete the words "from the National Hospital Trustees."
Amendment agreed to.
Section 6 as amended, agreed to.
I move amendment No. 7:—
Before Section 7 to insert the following section:—
"The Minister may, if he is satisfied that the National Hospital Trustees have duly performed their functions under the Principal Act, so certify under his seal of office, and such certificate shall operate as a release to the National Hospital Trustees, their heirs, executors and administrators from all actions, claims and demands arising by virtue of sub-section (6) of Sections 20 of the Principal Act."
Amendment agreed to.
Sections 7, 8, 9 and the Title agreed to.
Bill reported with amendments.
If there is no objection, I should like to take the remaining stages now.
So far as we are concerned, there is no objection.
Question—"That the Bill, as amended, be received for final consideration"—agreed to.
Question—"That the Bill do now pass"—agreed to.