xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part 11E+WProperty and finance

Chapter 2E+WTrusts

160Special trustees for a university or teaching hospitalE+W

(1)In this Act “special trustees” are trustees appointed in relation to Wales—

(a)by the Secretary of State under section 29 of the National Health Service Reorganisation Act 1973 (c. 32),

(b)by the Secretary of State or the National Assembly for Wales under section 95 of the National Health Service Act 1977 (c. 49), and

(c)by the Welsh Ministers under this section,

for any hospital falling within subsection (2).

(2)A hospital falls within this subsection if, immediately before the day appointed for the purposes of section 29 of the National Health Service Reorganisation Act 1973, it was controlled and managed by a University Hospital Management Committee or a Board of Governors, other than—

(a)a body on whose request an order was made under section 24(2) of that Act, or

(b)a preserved Board within the meaning of section 15(6) of that Act.

(3)Special trustees must hold and administer the property transferred under the National Health Service Reorganisation Act 1973.

(4)The number of special trustees appointed under this section is such as the Welsh Ministers may from time to time determine after consultation with such persons as they consider appropriate.

(5)Special trustees have power to accept, hold and administer any property on trust, being a trust which is wholly or mainly for hospitals for which they are appointed, for all or any purposes relating to—

(a)hospital services (including research), or

(b)any other part of the health service associated with hospitals.

(6)The term of office of any special trustee appointed under this section is to be fixed by the Welsh Ministers, but a special trustee may be removed by the Welsh Ministers at any time during the special trustee's term of office.

(7)Subsection (3) is subject to sections 161 and 162.

161Transfers of trust propertyE+W

(1)The Welsh Ministers 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)special trustees, or

(c)trustees for F1...F2... an NHS trust F3....

(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 Welsh Ministers, and the order may provide for the way in which the property must be apportioned.

(4)Where property is so apportioned, the Welsh Ministers may by order make any consequential amendments of the trust instrument relating to the property.

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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 [F5NHS England] [F6, an integrated care board,] F7... 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 F8... F9... an NHS trust F10... (“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.

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Words 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)

163Trustees and property under section 169E+W

(1)Where property is given in pursuance of section 169 (power of NHS bodies to raise money) to or on trust for any purposes of a hospital for which special trustees have been appointed, the property may be held, administered and applied by the special trustees instead of by the body responsible for the hospital if that body and the special trustees agree.

(2)The body responsible for a hospital is—

(a)in the case of a hospital vested in an NHS trust, that trust, and

(b)in any other case, the Local Health Board exercising functions of the Welsh Ministers in respect of the hospital.

(3)Subsection (4) applies where property is given in pursuance of section 169 on trust for any purposes of an NHS trust for which trustees have been appointed under paragraph 10 of Schedule 3 F12....

(4)Where this subsection applies and the trustees and the NHS trust agree, the property may be held, administered and applied by the trustees instead of by the NHS trust.

(5)Property given in pursuance of section 169 on trust may be transferred by order of the Welsh Ministers under section 161 or 162 in the same circumstances as other trust property may be transferred under either of those sections.

Textual Amendments

Modifications etc. (not altering text)

C1S. 163(2)(b): Functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), reg. 4, Sch.

164Application of trust property: further provisionsE+W

(1)Any discretion given by a trust instrument to the trustees of property transferred under section 161 or 162 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 (c. 32), or section 92 of the National Health Service Act 1977 (c. 49), 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 161 or 162.

165Trusts: supplementary provisionsE+W

(1)This section applies in relation to—

(a)sections 160 to 162,

(b)section 164,

(c)section 167,

(d)paragraph 10 of Schedule 3, and

(e)paragraphs 8 and 9 of Schedule 5.

(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 Welsh Ministers or an NHS body.

(5)Nothing in a provision to which this section applies affects any power of Her Majesty, [F13the 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).

Textual Amendments

F13Words in s. 165(5) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 112 (with s. 20(2), Sch. 8)

Modifications etc. (not altering text)