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National Health Service Act 2006
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- UK Public General Acts
- 2006 c. 41
- Part 11
- Chapter 2
- Section 214
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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)[F9“Welsh special trustees” means] special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006.
Textual Amendments
F1Word in s. 214 heading inserted (17.6.2021) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 3(a); S.I. 2021/712, reg. 3(c)
F2Words in s. 214(1)-(3) substituted (17.6.2021) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 3(b); S.I. 2021/712, reg. 3(c)
F3Words in s. 214(1) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 110(2)(a); S.I. 2012/1831, art. 2(2)
F4Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in s. 214(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 113; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6Words in s. 214(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 110(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in s. 214(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 3(c); S.I. 2021/712, reg. 3(c)
F8Words in s. 214(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 110(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F9Words in s. 214(6) substituted (17.6.2021) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 3(d); S.I. 2021/712, reg. 3(c)
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