Health and Personal Social Services (Northern Ireland) Order 1972

PART X N.I. ENDOWMENTS AND OTHER TRUST PROPERTY, ETC.

Transfer of endowments, etc., held by management committees N.I.

79.  Para.(1) rep. by SLR 1980

(2) Schedule 14 shall apply to all endowments and income thereof transferred to a Health and Social Services Board under paragraph (1).

(3) The property and income, other than that referred to in paragraph (2), transferred to a Health and Social Services Board under paragraph (1) shall be held by that Board—

(a) where the property was held by a management committee for a specific purpose, on trust for that purpose;

(b) where the property was held for the general purposes of a particular hospital or of an establishment maintained for the training of persons requiring special care within the meaning of the Mental Health Act, on trust for the general purposes of that hospital or establishment;

(c) where the property was not held for a purpose limited as in sub-paragraph ( a) or ( b), on trust for such purposes relating to services provided under this Order in or in relation to hospitals as the Board thinks fit; so however that in exercising its discretion under this sub-paragraph the Board shall secure as far as is reasonably practicable that the objects of the trust are not prejudiced.

Transfer of property held on trust by Northern Ireland Hospitals Authority N.I.

80.  Para.(1) rep. by SLR 1980

(2) Article 79(3) shall apply to property and income transferred to any Health and Social Services Board under this Article as it applies to property and income transferred to any Health and Social Services Board under that Article.

Transfer of certain property held by health and welfare authorities N.I.

81.  Para.(1) rep. by SLR 1980

(2) The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(3) An agreement made under section 42(4)F1 of, or under section 28F2 of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(4) Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

F1 1971 (c.1)

F2 1971 (c.2)

Transfer of other property held on trust by health and welfare authorities N.I.

82.  Para.(1) rep. by SLR 1980

(2) The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board—

(a) where the property was held by a health or welfare authority for a specific purpose, on trust for that purpose;

(b) where the property was not held for a purpose limited as in sub-paragraph ( a), on trust for such purposes relating to services provided under this Order as the Board may think fit; so however that in exercising its discretion under this sub-paragraph the Board shall secure as far as is reasonably practicable that the objects of the trust are not prejudiced.

Power of trustees to make payments to Health and Social Services Boards N.I.

83.— [F3 (1) Where the terms of a trust instrument authorise or require the trustees, whether immediately or in the future, to apply any part of the capital or income of the trust property for the purposes of any hospital or service administered by a Health and Social Services Board or an [F4 HSC trust], the trust instrument shall be construed as authorising or (as the case may be) requiring the trustees to apply the trust property, to the like extent, and at the like times, for the purpose of making payments, whether of capital or income, to the appropriate authority.

(1A) In paragraph (1) “the appropriate authority” means—

(a) where the hospital or service is administered by a Health and Social Services Board, that Board;

(b) where the hospital or service is administered by an [F4 HSC trust] and trustees have been appointed for that trust under Article 16 of the 1991 Order, those trustees;

(c) where the hospital or service is administered by an [F4 HSC trust] and sub-paragraph (b) does not apply, the [F4 HSC trust].]

(2) Any sums paid to a Health and Social Services Board under paragraph (1) in respect of property held on trust to which section 39 of the Health Services Act (Northern Ireland) 1971 [1971 c.1] applied shall be applied by it as if such sums were income from endowments transferred to that Board under Article 79 and the provisions of Schedule 14 shall have effect accordingly.

F3 1991 NI 1

F4 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 1(1)(d); S.R. 2009/114, art. 2

Power of Ministry in cases of difficulty N.I.

84.  F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 Art. 84 repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 3(36), Sch. 7; S.R. 2009/114, art. 2

Power of the Health and Social Services Boards to accept property on trust N.I.

85.—(1) A Health and Social Services Board [F6 or a special agency] may accept, hold and administer any property on trust for purposes relating to any service which it is[F6 that body's] function to make arrangements for, administer or provide.

[F7 (2) For the purposes of giving effect to the provisions of any will, deed or other like instrument—

(a) any reference therein to a management committee, a health authority or a welfare authority shall be construed as a reference to the appropriate Health and Social Services Board;

(b) any reference therein to a hospital or other establishment or facility managed by a Health and Social Services Board shall be construed as a reference to that Board;

(c) any reference therein to a hospital or other establishment or facility managed by an [F8 HSC trust] shall be construed as a reference to that trust.]

(3) Nothing in Article 87 shall affect the operation of any such provisions as are referred to in paragraph (2).

F6 1990 NI 3

F7 1991 NI 1

F8 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 1(1)(d); S.R. 2009/114, art. 2

Certain property of voluntary organisations N.I.

86.—(1) Where any property is—

(a) vested in any voluntary organisation formed for the purpose of providing any services similar or related to services which Health and Social Services Boards[F9 or [F10 HSC trusts]] are authorised or required to provide; or

(b) held by any persons on trust for such an organisation or for any specific purposes connected with such an organisation;

then, notwithstanding any enactment or rule of law or anything contained in the constitution or rules of the organisation or in any order of court, deed, will or other instrument relating to the organisation, that property may, with the approval of the Attorney-General, be transferred to a Health and Social Services Board[F9 , an [F10 HSC trust] or the trustees for an [F10 HSC trust] (in this Article referred to as “the transferee”)] on such terms as may be agreed between[F9 the transferee] and the organisation or, as the case may be, the trustees with a view to the property being held or used by[F9 the transferee] for purposes similar to the purposes for which it was previously held or used.

(2) The power to make an agreement under paragraph (1) shall be construed as including power, exercisable in the like manner and subject to the like consents and conditions, to vary the terms of that agreement.

(3) Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (2).

F9 1991 NI 1

F10 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 1(1)(d); S.R. 2009/114, art. 2