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National Health Service (Wales) Act 2006
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Changes over time for: Section 162
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National Health Service (Wales) Act 2006, Section 162 is up to date with all changes known to be in force on or before 06 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.
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Changes and effects yet to be applied to Section 162:
- s. 201A-201C inserted by 2017 c. 23 s. 9
- Sch. 7 para. 1(2A) inserted by 2009 c. 21 s. 32(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 201A-201C inserted by 2017 c. 23 s. 9
- Sch. 7 para. 1(2A) inserted by 2009 c. 21 s. 32(3)
162Transfer of functions and property to or from special trusteesE+W
(1)If it appears to the Welsh Ministers at any time that all the functions of any special trustees should be discharged by [F1NHS England] [F2, an integrated care board,] F3... an NHS trust, a Special Health Authority or an NHS foundation trust, they may by order provide for the transfer of all trust property from the 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 Welsh Ministers must consult the special trustees and other bodies concerned.
(3)If it appears to the Welsh Ministers at any time that—
(a)the functions of any special trustees should be discharged by the trustees for F4... F5... an NHS trust F6... (“the trustees of the body”), or
(b)the functions of the trustees of the body should be discharged by special trustees,
they may, after consulting the special trustees and the trustees of the body, by order provide for the transfer of all trust property from the special trustees to to the trustees of the body, or from the trustees of the body to the 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 Welsh Ministers, and the order may provide for the way in which the property must be apportioned.
(5)Where property is so apportioned, the Welsh Ministers may by order make any consequential amendments of the trust instrument relating to the property.
F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 162 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)
F2Words in s. 162(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 146; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in s. 162(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 35(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 162(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 13(a)(i); S.I. 2021/712, reg. 3(c)
F5Words in s. 162(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 35(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6Words in s. 162(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 13(a)(ii); S.I. 2021/712, reg. 3(c)
F7S. 162(6) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 13(b); S.I. 2021/712, reg. 3(c)
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