(1)A [F2Health Authority, Special Health Authority][F3or NHS trust] shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist the [F2Health Authority, Special Health Authority][F3or NHS trust] in providing or improving any services or any facilities or accommodation which is or are or is or are to be provided as part of the health service or to assist them in connection with their functions with respect to research.
(2)A Board of Governors of a teaching hospital shall, so long as it is a preserved Board by virtue of section 15 of the M1National Health Service Reorganisation Act 1973, have the like power in relation to services, facilities or accommodation provided or to be provided at or by the hospital or their functions with respect to research.
(3)Subject to any directions of the Secretary of State excluding specified descriptions of activity, the activities authorised by this section include public appeals or collections and competitions, entertainments, bazaars, sales of produce or other goods and other similar activities and the activities may involve the use of land, premises or other property held by or for the benefit of the [F4Health Authority, Special Health Authority or NHS trust] exercising the power subject however to any restrictions on the purposes for which trust property may be used.
(4)Subject to the following provisions of this section, the [F4Health Authority, Special Health Authority or NHS trust]at whose instance property is given in pursuance of this section shall, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for or for the purpose for which it was given.
(5)Where property is given in pursuance of this section to or on trust for any purposes of a hospital for which special trustees have been appointed, the property may be held, administered and applied by the special trustees instead of by the [F5body responsible for the hospital if that body and the special trustees agree; and in this subsection the body responsible for a hospital is,—
(a)in the case of a hospital vested in a NHS trust, that trust; and
(b)in any other case, the [F6Health Authority] exercising functions F7. . . of the Secretary of State in respect of the hospital]
[F8(5A)Where property is given in pursuance of this section on trust for any purposes of an NHS trust for which trustees have been appointed under section 11(1) of the National Health Service and Community Care Act 1990, then, if those trustees and the NHS trust agree, the property may be held, administered and applied by those trustees instead of by the NHS trust.]
[F9(5B)Where property—
(a)is given in pursuance of this section on trust for any purposes of a Primary Care Trust for which trustees have been appointed under section 96B below, and
(b)those trustees and the Primary Care Trust agree,
the property may be held, administered and applied by those trustees instead of by the Primary Care Trust.]
(6)Property given in pursuance of this section on trust may be transferred F10. . .by order of the Secretary of State under section 92 above in the same circumstances as other trust property may be transferred under that section, and sections 94 and 96 above shall apply as they apply to other trust property transferred under the said section 92.
(7)Where property held by a [F11Health Authority, Special Health Authority or NHS trust] under this section is more than sufficient to enable the purpose for which it was given to be fulfilled the excess shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the authority or Board as the [F11Health Authority, Special Health Authority or NHS trust] think fit.
(8)Where property held by a [F11Health Authority, Special Health Authority or NHS trust]under this section is insufficient to enable the purpose for which it was given to be fulfilled then—
(a)the [F11Health Authority, Special Health Authority or NHS trust] may apply so much of the capital or income at their disposal as is needed to enable the purpose to be fulfilled subject, however, in the case of trust property, to any restrictions on the purpose for which the trust property may be applied and, in the case of money paid or payable by the Secretary of State F12. . . under section 97 below, to any directions he F12. . . may give; but
(b)where the capital or income applicable under paragraph (a) above is insufficient or is not applied to enable the purpose to be fulfilled, the property so held by the [F11Health Authority, Special Health Authority or NHS trust]shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the authority or Board as the [F11Health Authority, Special Health Authority or NHS trust] think fit.
(9)Where under subsection (7) or (8) above property becomes applicable for purposes other than that for which it was given the [F11Health Authority, Special Health Authority or NHS trust]shall have regard to the desirability of applying the property for a purpose similar to that for which it was given.
(10)In this section “special trustees” has the same meaning as in section 95 above and references to the purposes for which trust property may be used or applied are to be taken, in the case of trust property which has been transferred under section 92 above, to include references to those purposes as enlarged by section 94 above.]
[F13(11)This section (apart from subsection (5A)) has effect in relation to a Primary Care Trust as it has effect in relation to an NHS trust.]
Textual Amendments
F1S. 96A inserted by Health Services Act 1980 (c. 53, SIF 113:2), s. 5(1)
F2Words in s. 96A(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 46(a) (with Sch. 2 para. 6)
F3Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 23(1)
F4Words in s. 96A(3)(4) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by virtue of 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 46(b) (with Sch. 2 para. 6)
F5Words and subsections (a)(b) substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 23(3)
F6Words in s. 96A(5)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 46(c) (with Sch. 2 para. 6)
F7Words in s. 96A(5)(b) omitted (1.9.1999 for E. and 1.12.1999 for W.) by virtue of 1999 c. 8, ss. 65, 67, Sch. 4 para. 30(2); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2 and are repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 2000/1041, art. 2(d), Sch.
F8S. 96A(5A) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 23(4)
F9S. 96A(5B) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 30(3); S.I. 1999/2342, art. 2(3), Sch. 2
F10Words in s. 96A(6) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)
F11Words in s. 96A(7)-(9) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 46(e), Sch. 3 (with Sch. 2 para. 6)
F12Words in s. 96A(8)(a) repealed (1.4.1996) by 1995 c. 17, ss. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)
F13S. 96A(11) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 30(4); S.I. 1999/2342, art. 2(3), Sch. 2
Modifications etc. (not altering text)
C1S. 96A(10) extended (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 4(1)(2), 8(1), Sch. 2 para. 5(3) (with Sch. 2 para. 6)
Marginal Citations
M11973 c. 32(113:2).