(1)If it appears to the Secretary of State at any time that all the functions of any special trustees should be discharged by [F1the Board, a clinical commissioning group,] F2... an NHS trust, a Special Health Authority or an NHS foundation trust, he 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 Secretary of State must consult the special trustees and other bodies concerned.
(3)If it appears to the Secretary of State at any time that—
(a)the functions of any special trustees should be discharged by the trustees for [F3the Board or a clinical commissioning group,] F4... an NHS trust or an NHS foundation trust (“the trustees of the body”), or
(b)the functions of the trustees of the body should be discharged by special trustees,
he 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 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 Secretary of State, and the order may provide for the way in which the property must be apportioned.
(5)Where property is so apportioned, the Secretary of State may by order make any consequential amendments of the trust instrument relating to the property.
(6)“Special trustees” includes special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006.
Textual Amendments
F1Words in s. 214(1) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 110(2)(a); S.I. 2012/1831, art. 2(2)
F2Words in s. 214(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 110(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3Words in s. 214(3)(a) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 110(3)(a); S.I. 2012/1831, art. 2(2)
F4Words in s. 214(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 110(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)