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.

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.

Any sums paid to a Health Board F7or to HISF8or an NHS trust under this section shall, so far as practicable, be applied by them for the purposes specified in the trust instrument.