Part 11Property and finance

Chapter 2Trusts

162Transfer of functions and property to or from special trustees

1

If it appears to the Welsh Ministers at any time that all the functions of any special trustees should be discharged by F1the National Health Service Commissioning Board, a clinical commissioning group,F2... 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 F3the National Health Service Commissioning Board or a clinical commissioning groupF4... an NHS trust or an NHS foundation trust (“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.

6

“Special trustees” includes special trustees within the meaning of section 212 of the National Health Service Act 2006 (c. 41).