National Health Service and Community Care Act 1990

Power to raise money by appeals etc.

23 (1) In section 96A of the principal Act (power of health authorities etc. to raise money etc. by appeals, collections etc.) in subsection (1), after the word “authority”, in each place where it occurs, there shall be inserted “or NHS trust”.

(2) In subsections (3), (4) and (7) to (9) of that section, for the words “authority or Board”, in each place where they occur, there shall be substituted “authority, NHS trust or Board”.

(3) In subsection (5), of that section, for the words from “Area or District” onwards there shall be substituted “body responsible for the hospital if that body and the special trustees agree; and in this subsection the body responsible for a hospital is,—

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

(b) in any other case, the District Health Authority exercising functions on behalf of the Secretary of State in respect of the hospital”.

(4) After subsection (5) of that section there shall be inserted the following subsection—

“(5A) Where property is given in pursuance of this section on trust for any purposes of an NHS trust for which trustees have been appointed under section 11(1) of the National Health Service and Community Care Act 1990, then, if those trustees and the NHS trust agree, the property may be held, administered and applied by those trustees instead of by the NHS trust.”

(5) In subsection (6) of that section for the words “or to special trustees” there shall be substituted “to an NHS trust or to special trustees or trustees for an NHS trust”.