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National Health Service Act 2006

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Changes over time for: Section 214

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Status:

Point in time view as at 26/12/2023.

Changes to legislation:

National Health Service Act 2006, Section 214 is up to date with all changes known to be in force on or before 27 February 2025. 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. Help about Changes to Legislation

214Transfer of functions and property to or from [F1Welsh] special trusteesE+W

(1)If it appears to the Secretary of State at any time that all the functions of any [F2Welsh special trustees] should be discharged by [F3[F4NHS England], [F5an integrated care board],] F6... 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 [F2Welsh 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 [F2Welsh special trustees] and other bodies concerned.

(3)If it appears to the Secretary of State at any time that—

(a)the functions of any [F2Welsh special trustees] should be discharged by the trustees for F7... F8... an NHS trust F7... (“the trustees of the body”), or

(b)the functions of the trustees of the body should be discharged by [F2Welsh special trustees],

he may, after consulting the [F2Welsh special trustees] and the trustees of the body, by order provide for the transfer of all trust property from the [F2Welsh special trustees] to the trustees of the body, or from the trustees of the body to the [F2Welsh 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)[F9Welsh special trustees” means] special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006.

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