3.—(1) The Department of Health and Social Services may, with the approval of the Department, enter into an agreement with the Executive for the transfer to the Executive of—N.I.
(a)any real or personal property which immediately before the appointed day was held by the Department of Health and Social Services wholly or partly for the purposes of providing hostel accommodation for persons in need; and
(b)any rights and liabilities to which the Department of Health and Social Services was entitled or subject immediately before that day in relation to, or in connection with, any such property.
(2) A health and social services board may enter into an agreement with the Executive for the transfer to the Executive of—
(a)any personal property situated in the area of the board which immediately before the appointed day was held by the health and social services board wholly or partly for the purposes of providing hostel accommodation for persons in need; and
(b)any rights and liabilities to which the health and social services board was entitled or subject immediately before that day in relation to, or in connection with, any such property.
(3) An agreement under sub‐paragraph (1) or (2) may include provision for the transfer to the Executive of property held on trust by the Department of Health and Social Services or a health and social services board.
(4) Where any property held on trust is transferred to the Executive by an agreement under sub‐paragraph (1) or (2), it shall be held by the Executive on trust for such purposes relating to services provided by the Executive as the Executive thinks fit; but in exercising its discretion under this sub‐paragraph the Executive shall secure, as far as is reasonably practicable, that the objects of the trust are not prejudiced.
(5) Stamp duty shall not be chargeable on any instrument or other document executed for the purposes of transferring property to the Executive under this paragraph.