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National Health Service and Community Care Act 1990

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Version Superseded: 01/03/2007

Status:

Point in time view as at 02/08/2005. This version of this provision has been superseded. Help about Status

Changes to legislation:

National Health Service and Community Care Act 1990, Paragraph 1 is up to date with all changes known to be in force on or before 02 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

1(1)Subject to [F1any direction given by the Secretary of State under section 17 of the principal Act, to] the provisions of this paragraph and to any limit imposed under the following provisions of this Schedule, for the purpose of its functions an NHS trust may borrow (both temporarily, by way of overdraft, and longer term) from the Secretary of State or from any other person.

(2)An NHS trust may not mortgage or charge any of its assets or in any other way use any of its assets as security for a loan.

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(6)It shall be for the Secretary of State, with the consent of the Treasury, to determine the terms of any loan made by him to an NHS trust (including terms as to the payment of interest, if any).]

Textual Amendments

F1Words in Sch. 3 para. 1 inserted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 17(1)(2); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F2Sch. 3 para. 1(3)-(5) omitted (1.9.1999 for E. and 1.11.1999 for W.) by virtue of 1999 c. 8, s. 17(1)(3); S.I. 1999/2342, art. 2(1), Sch.; S.I. 1999/3184, art. 2(1), Sch. 1; and para. 1(3)-(5) repealed (1.4.2000) by 1999 c. 8, s. 65(2), Sch. 5; S.I. 2000/1041, art. 2(d), Sch.

F3Sch. 3 para. 1(6) substituted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 17(1)(4); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

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