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I am bemused with the contents of the article and don't really understand how liability cannot be transferred from one organisation to another? There was no problem prosecuting Network Rail for the Potters Bar train crash, which they inherited from Railtrack when NWR took over the assets and liabilities. http://www.shponline.co....pital-s-asbestos-neglect
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Looks suspiciously like a "get out of jail free card" for companies: simply transfer the business to a new company every couple of years, ensuring that liability for corporate misdeeds stays behind in the previous entity that can then be wound up.
I realy hope I'm completely wrong.
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Rank: Forum user 
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It is specifically relating to the legislation set up when the Welsh NHS trusts were formed from the old health authorities so it only applies to these - and I think only for a certain time period. I will find out more and post.
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Rank: Super forum user 
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Interesting! The more cynical among us might consider that this 'oversight' was something more than ...................... an oversight!
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Rank: Forum user
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I agree with what has been said so far. Experience has taught me that no one, that's no one, wants to pick the legacy of asbestos exposure. Be that lack of management, knowledge, understanding, concern, whatever. No one wants to know, do they? It is ironic that it involves a supposed 'health' authority.
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Rank: Super forum user
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This sort of thing happens all the time with regards to an individuals responsibility in many areas e.g. Bill payments etc e.g. A person owning a company can liquidate it on a Friday and start another company doing the same thing on the Monday following [the same person and the same attitudes!] thus almost all of the liabilities of the first company where it affects the small person are left hanging!
All the guys at the top know that it goes on but do nothing to stop the practice and its another reason why legal experts and their mates are getting richer and richer
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Rank: Super forum user
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Bob, I know exactly where you are coming from. I have been knocked by a company for several thousand pounds and despite a CCJ I still have not got my money. Worse still, the proprietor is an IOSH member and has previously liquidated two similar companies (no doubt owing creditors) whilst merrily he continues trading - it's a joke!
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Rank: Super forum user
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bwm has the gist of it I think.
NHS Trusts require a Statutory Instrument to be set up and also to be dissolved. So the way it works is that one SI dissolves an NHS Trust (and it therefore legally ceases to exist) and SI is then passed through parliament setting up the new organisation and it is this SI where it appears the fault lies in as much that it did not make provision for risks & liabilites from the former to be transferred to the new organisation. You cannot prosecute an organisation that no longer exists. It does seem an odd state of affairs especially when considering that these SI's are being drawn up all the time - you would have thought there was a basic "draft" that was used and just amended for each time it was required. Hey Ho!
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Rank: Super forum user
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Bilbo
Thanks for clarifying those points and much as I had suspected. I also think that part of the 'oversight' emanates from the fact that the authorities have little interest in prosecuting public/non-profit making enterprises. There is not a problem transferring liability in the private sector, as I have previously illustrated, when one company takes over another. It appears to be one rule for...
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Rank: Super forum user
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Things can be done when the big boys want to do something: Example = the latest newspaper scandal where the owner was in reality very distant from the business concerned yet the book was thrown at him whereas as if it was a death on one of the paper printing machines at that particular business it would not have gone anywhere and certainley not to the distant owner
NB: Even where 1 person may be the overall owner of many papers the various papers themselves are independent businesses
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Rank: Super forum user
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Rank: Super forum user
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Quote:Construction union UCATT has discovered that negligent NHS managers in Wales will escape criminal proceedings, if they exposed workers to asbestos, due to legislative errors following a recent NHS reorganisation.
The problem came to light after it was revealed that senior managers at Bronglais Hospital in Aberystwyth, failed to take proper action after a survey in 2004 found Amosite (brown asbestos) in stair wells and lift shafts. A number of former employees at the hospital have died of asbestos related conditions.
The legislative problem is a result of errors in the drafting of regulations, which enabled the creation of seven NHS health boards in October 2009. The regulations failed to ensure that matters of previous corporate criminal responsibility should be transferred to the seven new Health Boards.
As a result of these errors, the Health and Safety Executive cannot undertake criminal proceedings against the hospital for knowingly exposing workers to asbestos.
UCATT is already aware of similar issues relating to asbestos at another NHS Trust in Wales .
The union has written to Carwyn Jones, the First Minister of Wales, demanding an inquiry into how the legislative blunder occurred and calling for urgent action to reverse the problem.
Nick Blundell, Regional Secretary for UCATT Wales and South West Region, said: “This is an intolerable situation. Workers have been systematically exposed to asbestos and yet they will be denied justice due to a bureaucratic muddle. Carwyn Jones needs to act quickly to resolve these problems in order to restore confidence among workers.”
While the problem with the regulations affects criminal proceedings it does not directly affect civil matters. Workers whose health has been damaged by exposure to asbestos will be able to seek compensation https://www.ucatt.org.uk/content/view/1116/30/
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