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Financial provisionsN.I.

Art. 22 rep. by 2003 NI 5

Power of [F1the Regional Agency] , special agencies and [F2HSC trusts] to raise funds by appeals, collections, etc.N.I.

23.—(1) The Department may by regulations confer power on [F3the Regional Board, F4...], special agencies and [F2HSC trusts] (in this Article referred to as “relevant bodies”) to engage in activities to which this Article applies, but before making any regulations under this Article the Department shall consult the relevant bodies and such other bodies as the Department thinks fit.

(2) This Article applies to activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist the relevant bodies in providing or improving any services or any facilities or accommodation which is or are or is or are to be provided as part of the health and [F5social care] or to assist the relevant bodies in connection with their functions with respect to research, including, subject to paragraph (3),—

(a)public appeals or collections and competitions, entertainments, bazaars, sales of produce or other goods and other similar activities; and

(b)activities involving the use of land, premises or other property held by or for the benefit of the relevant bodies, subject however to any restriction on the purposes for which trust property may be used.

(3) Regulations under this Article may provide that this Article shall not apply to activities of a prescribed description.

(4) Subject to paragraphs (5) to (8), the relevant body at whose instance property is given in pursuance of this Article shall, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for the purpose for which it was given.

(5) Where property is given in pursuance of this Article on trust for any purposes of an [F6HSC trust] for which trustees have been appointed under Article 16(1), then, if those trustees and the [F6HSC trust] agree, the property may be held, administered and applied by those trustees instead of by the [F6HSC trust]; and references in paragraphs (6) to (8) to a relevant body accordingly include references to trustees for an [F6HSC trust].

(6) Where property held by a relevant body under this Article is more than sufficient to enable the purpose for which it was given to be fulfilled, the excess shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the relevant body as the relevant body thinks fit.

(7) Where property held by a relevant body under this Article is insufficient to enable the purpose for which it was given to be fulfilled then—

(a)the relevant body may apply so much of the capital or income at its disposal as is needed to enable the purpose to be fulfilled subject, however, in the case of trust property, to any restrictions on the purposes for which the trust property may be applied, and in the case of money paid or payable bythe Department under Article 87(1) of the principal Order, to any directions it may give; but

(b)where the capital or income applicable under sub-paragraph (a) is insufficient or is not applied to enable the purpose to be fulfilled, the property so held by the relevant body shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the relevant body as the relevant body thinks fit.

(8) Where under paragraph (6) or (7) property becomes applicable for purposes other than that for which it was given, the relevant body shall have regard to the desirability of applying the property for a purpose similar to that for which it was given.

Schemes for meeting losses and liabilities, etc., of certain health and [F7social care] bodiesN.I.

24.—(1) The Department may by regulations made with the consent of the Department of Finance and Personnel establish a scheme whereby any of the bodies mentioned in paragraph (2) may make provision to meet—

(a)expenses arising from any loss of or damage to their property; and

(b)liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies concerned.

(2) The bodies referred to in paragraph (1) are—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa)the Regional Agency;

(b)RBSO;

(c)special agencies; and

(d)[F9HSC trusts];

but a scheme under this Article may limit the class or description of bodies which are eligible to participate in it.

(3) Without prejudice to the generality of the power conferred by paragraph (1), a scheme under this Article may—

(a)provide for the scheme to be administered by the Department or by a body specified in the scheme (being a body mentioned in paragraph (2));

(b)require any body which participates in the scheme to make payments in accordance with the scheme; and

(c)provide for the making of payments for the purposes of the scheme by the Department.

(4) Without prejudice to any other power of direction conferred on the Department,—

(a)if the Department so directs, a body which is eligible to participate in a scheme shall do so; and

(b)where a scheme provides for it to be administered by the Department, a body mentioned in paragraph (2) shall carry out such functions in connection with the administration of the scheme by the Department as the Department may direct.

[F10(5) A person or body administering a scheme under this Article does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under the scheme.]

F10SI 2001/3649