National Health Service (Scotland) Act 1978

Changes over time for: Section 84A

Version Superseded: 07/12/2019

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Point in time view as at 01/04/2011. This version of this provision has been superseded.

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National Health Service (Scotland) Act 1978, Section 84A is up to date with all changes known to be in force on or before 26 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.

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[F184A Power to raise money, etc., by appeals, collections, etc. S

(1)A Health Board [F2or (in connection with the exercise of its health service functions only) HIS][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 them in providing or improving any services or any facilities or accommodation which 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 local health council shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist them in carrying out any function conferred upon them by or under any enactment.

(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 Board [F4, NHS trust] or local health council exercising the power [F5or, as the case may be, by or for the benefit of HIS,] subject however to any restrictions on the purposes for which trust property may be used.

(4)Subject to subsections (5) and (6), the Health Board [F4, NHS trust] or local health council 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.

[F6(4A)Subsection (4) applies (subject to the subsections mentioned there) to HIS in respect of property given in pursuance of this section as it applies to a Health Board in respect of such property given at the instance of the Health Board.]

(5)Where property held by a Health Board [F7or by HIS][F4, NHS trust] or local health council 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 Board [F4, NHS trust] or council as the Board [F4, NHS trust] or council think fit [F8or, as the case may be, of HIS as HIS thinks fit.].

(6)Where property held by a Health Board [F9or by HIS][F4, NHS trust] or local health council under this section is insufficient to enable the purpose for which it was given to be fulfilled then—

(a)the Board [F10or, as the case may be, HIS][F4, NHS trust] or the council 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 purposes for which the trust property may be applied, and in the case of money paid or payable by the Secretary of State under section 85(1), to any directions he may give; but

(b)where the capital or income applicable under paragraph (a) is insufficient or is not applied to enable the purpose to be fulfilled, the property so held by the Board [F11or by HIS][F4, NHS trust] or the council 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 Board [F4, NHS trust] or council as the Board [F4, NHS trust] or council think fit [F12or, as the case may be, any of the health service functions of HIS as HIS thinks fit.].

(7)Where under subsections (5) or (6) property becomes applicable for purposes other than that for which it was given, the Health Board [F13or, as the case may be, HIS][F4, NHS trust] or local health council shall have regard to the desirability of applying the property for a purpose similar to that for which it was given.]