(1)The Secretary of State may, having regard to any change or proposed change in the arrangements for the administration of a hospital [F1or other establishment or facility] or in the area or functions of any health authority, by order provide for the transfer of any trust property from any health authority [F2NHS trust, special trustees or trustees for an NHS trust] to any other health authority [F2NHS trust, special trustees or trustees for an NHS trust].
(2)If it appears to the Secretary of State at any time that all the functions of any special trustees should be discharged by one or more health authorities [F3or NHS trusts] then, whether or not there has been any such change as is mentioned in subsection (1) above, he may by order provide for the transfer of all trust property from the special trustees to the health authority [F4or NHS trust], or, in such proportions as he may specify in the order, to those health authorities [F3or NHS trusts].
(3)Before so acting the Secretary of State shall consult the health authorities [F3or NHS trusts] and special trustees concerned.
(4)Where by an order under this section, property is transferred to two or more authorities [F3or NHS trusts], it shall be apportioned by them in such proportions as they may agree or as may in default of agreement be determined by the Secretary of State, and the order may provide for the way in which the property is to be apportioned.
(5)Where property is so apportioned, the Secretary of State may by order make any consequential amendments of the trust instrument relating to the property.
[F5(6)If it appears to the Secretary of State at any time that—
(a)the functions of any special trustees should be discharged by the trustees for an NHS trust, or
(b)the functions of the trustees for an NHS trust should be discharged by special trustees,
then, whether or not there has been any such change as is mentioned in subsection (1) above, he may, after consulting the special trustees and the trustees for the NHS trust, by order provide for the transfer of all trust property from or to the special trustees to or from the trustees for the NHS trust.]
Textual Amendments
F1Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(a)
F2Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(a)
F3Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(b)
F4Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(c)
F5S. 92(6) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(d)
Modifications etc. (not altering text)
C1S. 92 restricted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 301, Sch. 6 para. 7(2)