National Health Service Act 1977

96 Trusts: supplementary provisions. E+W+S

(1) Any provision in sections 90 to 95 above [F1 and 96B below] for the transfer of any property includes provision for the transfer of any rights and liabilities arising from that property.

[F2 (1A) Where any transfer of property by virtue of those sections is of, or includes,—

(a) land held on lease from a third party, that is to say, a person other than the Secretary of State or a [F3 Strategic Health Authority,][F4 Health Authority or Special Health Authority], or

(b) any other asset leased or hired from a third party or in which a third party has an interest,

the transfer shall be binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.]

(2) Nothing in those sections shall affect any power of Her Majesty, the court (as defined in [F5 the M1 Charities Act 1993]) or any other person to alter the trusts of any charity.

(3) Nothing in section 12 of the M2 Finance Act 1895 (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) applies to sections 90 to 95 above [and 96B below] or to an order made in pursuance of any of those sections; and stamp duty shall not be payable on such an order.

Textual Amendments

F1 Words in s. 96(1)(3) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 29; S.I. 1999/2342, art. 2(3)(a), Sch. 2

F2 S. 96(1A) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(6)(b)

F3 Words in s. 96(1A)(a) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 27; S.I. 2002/2478, art. 3(1)(c)

F4 Words in s. 96(1A) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1, Pt. I para. 45 (with Sch. 2 para. 6)

F5 Words in s. 96(2) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 30

Modifications etc. (not altering text)

C1 S. 96 amended by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(6)

Marginal Citations

M1 1993 c. 10.

M2 1895 c. 16(114).