84Power of trustees to make payments to Health Boards.S
(1)Where property (other than property transferred to the Secretary of State under Part V of the M1National Health Service (Scotland) Act 1972 or to a Health Board under Part VI of that Act) was immediately before 1st April 1974, and is at any time after the commencement of this Act, held on trust under a trust instrument the terms of which authorise or require the trustees (whether immediately or in the future) to apply any part of the capital or income of the property for the purposes of any hospital or service which is administered by a Health Board [F1or (in connection with the exercise of its health service functions only) by HIS] [F2or an NHS trust], the trust instrument shall be construed as authorising, or, as the case may be, requiring, the trustees to pay that capital or income to the Health Board [F3or NHS trust] concerned [F4or, as the case may be, to HIS].
(2)Where property so held on trust is, under the trust instrument, to be applied for the purposes of hospitals which are administered by more than one Health Board [F5or NHS trust], the trustees shall distribute the property between the Boards [F6or NHS trusts] concerned, in such manner, having regard to the purposes of the trust, as the trustees may determine.
(3)Any sums paid to a Health Board [F7or to HIS][F8or an NHS trust] under this section shall, so far as practicable, be applied by them for the purposes specified in the trust instrument.
Textual Amendments
F1Words in s. 84(1) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 13(a)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F2Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(16)(a)(i)
F3Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(16)(a)(ii)
F4Words in s. 84(1) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 13(a)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F5Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(16)(b)(i)
F6Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(16)(b)(ii)
F7Words in s. 84(3) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 13(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F8Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(16)(c)
Modifications etc. (not altering text)
C1S. 84 applied (1.4.1991) by S.I. 1990/2639, art. 5(1)(2), Sch. Pt. I
C2S. 84 applied (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. I (with art. 6)
S. 84 applied (1.4.1995) by S.I. 1995/574, art. 5(1)(2), Sch. Pt. I (with art. 6)
S. 84 applied (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. I
S. 84 applied (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. I
S. 84 applied (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. I
S. 84 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. I
S. 84 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. I (with art. 4(4))
S. 84 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. I (with art. 4(4))
C3S. 84 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
Marginal Citations