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NHS (Charitable Trusts Etc) Act 2016

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Changes over time for: SCHEDULE 1

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Section 1

SCHEDULE 1E+WSECTION 1: CONSEQUENTIAL AMENDMENTS

This schedule has no associated Explanatory Notes

National Health Service Act 2006 (c. 41)E+W

1E+WThe National Health Service Act 2006 is amended as follows.

Commencement Information

I1Sch. 1 para. 1 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

2E+WIn section 213 (transfers of trust property)—

(a)in subsection (2)—

(i)in paragraph (b) at the beginning insert “ Welsh ”, and

(ii)in paragraph (c) omit “the Board or a clinical commissioning group,” and “or an NHS foundation trust”, and

(b)in subsection (5) for “ “special trustees” includes” substitute “ “Welsh special trustees” means ”.

Commencement Information

I2Sch. 1 para. 2 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

3E+WIn section 214 (transfer of functions and property to and from special trustees)—

(a)in the heading of the section after “from” insert “ Welsh ”,

(b)in subsections (1) to (3) for “special trustees”, in each place, substitute “ Welsh special trustees ”,

(c)in subsection (3)(a) omit “the Board or a clinical commissioning group,” and “or an NHS foundation trust”, and

(d)in subsection (6) for “ “Special trustees” includes” substitute “ “Welsh special trustees” means ”.

Commencement Information

I3Sch. 1 para. 3 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

4E+WIn section 215 (trustees and property under section 222)—

(a)omit subsections (1) and (2),

(b)in subsection (3)—

(i)omit paragraphs (za), (zb) and (c) (and the “or” before paragraph (c)), and

F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in subsection (4) omit the following—

(i)“Board, clinical commissioning group,” in both places, and

(ii)“or NHS foundation trust” in both places.

Textual Amendments

Commencement Information

I4Sch. 1 para. 4(a)(b)(i)(c) in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

5E+WIn section 217 (trusts: supplementary provisions) in subsection (1)—

(a)omit paragraphs (a), (ea) and (eb),

(b)in paragraph (b) for “212 to” substitute “ 213 and ”, and

(c)in paragraph (i) for “paragraphs 8 and 9” substitute “ paragraph 8 ”.

Commencement Information

I5Sch. 1 para. 5 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

6E+WIn section 218 (private trusts for hospitals)—

(a)in subsection (4)—

(i)in paragraph (a) after “where” insert “ Welsh ”, and

(ii)in paragraph (b) omit “an NHS foundation trust”, and

(b)in subsection (6) in the definition of “special trustees” for “ “special trustees” includes” substitute “ “Welsh special trustees” means ”.

Commencement Information

I6Sch. 1 para. 6 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

7E+WIn section 220 (trust property previously held for general hospital purposes) omit subsection (6).

Commencement Information

I7Sch. 1 para. 7 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

8E+WIn section 226 (financial duties of Special Health Authorities) in subsection (4)(a) omit the words from “or on” to the end.

Commencement Information

I8Sch. 1 para. 8 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

9E+WIn section 276 (index of defined expressions) omit the entry relating to special trustees.

Commencement Information

I9Sch. 1 para. 9 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

10E+WIn Schedule 15 (accounts and audit) omit paragraph 1(1)(f).

Commencement Information

I10Sch. 1 para. 10 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

National Health Service (Wales) Act 2006 (c. 42)E+W

11E+WThe National Health Service (Wales) Act 2006 is amended as follows.

Commencement Information

I11Sch. 1 para. 11 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

12E+WIn section 161 (transfers of trust property)—

(a)in subsection (2)(c) omit—

(i)the words from “the National” to “group,”, and

(ii)“or an NHS foundation trust”, and

(b)omit subsection (5).

Commencement Information

I12Sch. 1 para. 12 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

13E+WIn section 162 (transfer of functions and property to or from special trustees)—

(a)in subsection (3)(a) omit—

(i)the words from “the National” to “group”, and

(ii)“or an NHS foundation trust”, and

(b)omit subsection (6).

Commencement Information

I13Sch. 1 para. 13 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

Prospective

F214E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charities Act 2011 (c. 25)E+W

15E+WIn section 149(7) of the Charities Act 2011 (meaning of “English NHS charity”) omit paragraphs (bc) and (bd).

Commencement Information

I14Sch. 1 para. 15 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

Health and Social Care Act 2012 (c. 7)E+W

16E+WIn the Health and Social Care Act 2012—

(a)in Schedule 4 (amendments of the National Health Service Act 2006) omit paragraphs 109(a), 110(3)(a), 111(3)(a) and 113(a), and

(b)in Schedule 21 (amendments relating to relationships between the health services) omit paragraphs 34(a) and 35(3)(a).

Commencement Information

I15Sch. 1 para. 16 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

Local Audit and Accountability Act 2014 (c. 2)E+W

17E+WThe Local Audit and Accountability Act 2014 is amended as follows.

Commencement Information

I16Sch. 1 para. 17 in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

18E+WOmit the following (which relate to special trustees for hospitals in England)—

(a)section 3(9)(b),

(b)section 4(5),

(c)section 8(4)(c),

(d)section 10(10)(c),

(e)section 21(3),

F3(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the definition of “special trustees for a hospital” in section 44(1),

F4(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)paragraph 24 of Schedule 2 (and the note to that paragraph), and

(j)paragraph 4(8)(c) of Schedule 7.

Textual Amendments

Commencement Information

I17Sch. 1 paras. 18(a)-(e)(g)(i)(j) in force at 17.6.2021 by S.I. 2021/712, reg. 3(c)

Prospective

F519E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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