Part 11Property and finance
Chapter 2Trusts
F19212Special trustees for a university hospital or teaching hospital
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213Transfers of trust property
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
F7Welsh special trustees, or
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 F22“Welsh special trustees” means special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006 (c. 42).
214Transfer of functions and property to or from F36Welsh special trustees
1
If it appears to the Secretary of State at any time that all the functions of any F26Welsh special trustees should be discharged by F8F31NHS England, F5an integrated care board,F30... an NHS trust, a Special Health Authority or an NHS foundation trust, he may by order provide for the transfer of all trust property from the F26Welsh special trustees to the body or, in such proportions as may be specified in the order, to those bodies.
2
Before acting under subsection (1) the Secretary of State must consult the F26Welsh special trustees and other bodies concerned.
3
If it appears to the Secretary of State at any time that—
a
b
the functions of the trustees of the body should be discharged by F26Welsh special trustees,
4
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.
5
Where property is so apportioned, the Secretary of State may by order make any consequential amendments of the trust instrument relating to the property.
6
F3“Welsh special trustees” means special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006.
215Trustees and property under section 222
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F372
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3
Subsection (4) applies where property is given in pursuance of section 222—
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F6zb
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F14a
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b
F25c
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4
Where this subsection applies and the trustees and F24F31NHS England, clinical commissioning group,F21... NHS trust or NHS foundation trust agree, the property may be held, administered and applied by the trustees instead of by F12F31NHS England, clinical commissioning group,F21... NHS trust or NHS foundation trust.
5
Property given in pursuance of section 222 on trust may be transferred by order of the Secretary of State under section 213 or 214 in the same circumstances as other trust property may be transferred under either of those sections.
216Application of trust property: further provisions
1
Any discretion given by a trust instrument to the trustees of property transferred under—
a
section 24 of the National Health Service Reorganisation Act 1973 (c. 32) (transfer of trust property from abolished authorities),
b
section 25 of that Act (transfer of trust property held for health services by local health authorities),
c
section 92 of the National Health Service Act 1977 (c. 49) (further transfers of trust property), or
d
section 213 or 214 of this Act,
is exercisable by the person to whom the property is so transferred and, subject to this section, the transfer does not affect the trusts on which the property is held.
2
Where—
a
property has been transferred under section 24 of the National Health Service Reorganisation Act 1973, or section 92 of the National Health Service Act 1977, and
b
any discretion is given by a trust instrument to the trustees to apply the property, or income arising from the property, to such hospital services (including research) as the trustees consider appropriate without any restriction on the kinds of hospital services and without any restriction to one or more specified hospitals,
the discretion is enlarged so as to allow the application of the property or of the income arising from the property, to such extent as the trustees consider appropriate, for any other part of the health service associated with any hospital.
3
Subsection (2) applies on any subsequent transfer of the property under section 213 or 214 F10of this Act or section 300 or 302 of the Health and Social Care Act 2012.
C1217Trusts: supplementary provisions
1
This section applies in relation to—
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b
sections F15213 and 214,
c
section 216,
d
section 218,
e
section 220,
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F35eb
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F1f
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F39h
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i
F18paragraph 8 of Schedule 6.
2
A provision—
a
contained in a provision to which this section applies,
b
for the transfer of any property,
includes provision for the transfer of any rights and liabilities arising from that property.
3
Where a transfer of property by virtue of a provision to which this section applies is of, or includes—
a
land held on lease from a third party, or
b
any other asset leased or hired from a third party or in which a third party has an interest,
the transfer is binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.
4
“Third party” means a person other than the Secretary of State or an NHS body.
5
Nothing in a provision to which this section applies affects any power of Her Majesty, F28the court (as defined in the Charities Act 2011) or any other person, to alter the trusts of any charity.
6
Nothing in section 12 of the Finance Act 1895 (c. 16) (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—
a
a provision to which this section applies, or
b
an order made in pursuance of any such provision.
7
Stamp duty is not payable on an order falling within subsection (6)(b).
218Private trusts for hospitals
1
Subsection (2) applies where the terms of a trust instrument authorise or require the trustees, whether immediately or in the future, to apply any part of the capital or income of the trust property for the purposes of any health service hospital.
2
The trust instrument must be construed as authorising or requiring the trustees to apply the trust property to the like extent, and at the like times, for the purpose of making payments, whether of capital or income, to the appropriate hospital authority.
3
Any sum paid to the appropriate hospital authority must, so far as practicable, be applied by it for the purpose specified in the trust instrument.
4
“The appropriate hospital authority” means—
a
where F32Welsh special trustees are appointed for the hospital, those trustees,
b
c
F17d
in any other case—
i
where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of State,
ii
where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or Local Health Board exercising those functions.
5
Nothing in this section applies to property transferred under section 24 of the National Health Service Reorganisation Act 1973.
6
In this section—
“health service hospital” includes such a hospital within the meaning of section 206 of the National Health Service (Wales) Act 2006 (c. 42), and
F33“Welsh special trustees” means special trustees within the meaning of section 160 of that Act.