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National Health Service Act 2006, Section 213 is up to date with all changes known to be in force on or before 09 November 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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(1)The Secretary of State may, having regard to any change or proposed change—
(a)in the arrangements for the administration of a hospital or other establishment or facility, or
(b)in the area or functions of any NHS body other than an NHS foundation trust,
by order provide for the transfer of any trust property from any relevant health service body to any other relevant health service body.
(2)In this section “relevant health service body” means—
(a)an NHS body,
(b)[F1Welsh] special trustees, or
(c)trustees for F2... F3... an NHS trust F2....
(3)Where property is transferred by an order under this section to two or more bodies, it must 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 must be apportioned.
(4)Where property is so apportioned, the Secretary of State may by order make any consequential amendments of the trust instrument relating to the property.
(5)In this section [F4“Welsh special trustees” means] special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006 (c. 42).
Textual Amendments
F1Word in s. 213(2)(b) inserted (17.6.2021) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 2(a)(i); S.I. 2021/712, reg. 3(c)
F2Words in s. 213(2)(c) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 2(a)(ii); S.I. 2021/712, reg. 3(c)
F3Words in s. 213(2)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 109(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 213(5) substituted (17.6.2021) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 2(b); S.I. 2021/712, reg. 3(c)
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