Health and Personal Social Services (Northern Ireland) Order 1972

PART XN.I.ENDOWMENTS AND OTHER TRUST PROPERTY, ETC.

Transfer of endowments, etc., held by management committeesN.I.

F179.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of property held on trust by Northern Ireland Hospitals AuthorityN.I.

F280.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of certain property held by health and welfare authoritiesN.I.

(2) The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(3) An agreement made under section 42(4)F4 of, or under section 28F5 of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(4) Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).]

Transfer of other property held on trust by health and welfare authoritiesN.I.

F682.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of trustees to make payments to Health and Social Services BoardsN.I.

83.—[F7(1) Where the terms of a trust instrument authorise or require the trustees, whether immediately or in the future, to apply any part of the capital or income of the trust property for the purposes of any hospital or service administered by F8... an [F9HSC trust], the trust instrument shall be construed as authorising or (as the case may be) requiring the trustees to apply the trust property, to the like extent, and at the like times, for the purpose of making payments, whether of capital or income, to the appropriate authority.

(1A) In paragraph (1) “the appropriate authority” means—

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)where the hospital or service is administered by an [F9HSC trust] and trustees have been appointed for that trust under Article 16 of the 1991 Order, those trustees;

(c)where the hospital or service is administered by an [F9HSC trust] and sub-paragraph (b) does not apply, the [F9HSC trust].]

F11(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Ministry in cases of difficultyN.I.

84.  F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13Power for certain health bodies to accept property on trust, etc]N.I.

85.—(1) F14...[F15 A special agency] may accept, hold and administer any property on trust for purposes relating to any service which it is[F15 that body's] function to make arrangements for, administer or provide.

[F16(2) For the purposes of giving effect to the provisions of any will, deed or other like instrument—

(a)any reference therein to a management committee, a health authority or a welfare authority shall be construed as a reference to the appropriate [F17HSC trust] ;

F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any reference therein to a hospital or other establishment or facility managed by an [F19HSC trust] shall be construed as a reference to that trust.]

(3) Nothing in Article 87 shall affect the operation of any such provisions as are referred to in paragraph (2).

Certain property of voluntary organisationsN.I.

86.—(1) Where any property is—

(a)vested in any voluntary organisation formed for the purpose of providing any services similar or related to services which F20... [F21[F22HSC trusts]] are authorised or required to provide; or

(b)held by any persons on trust for such an organisation or for any specific purposes connected with such an organisation;

then, notwithstanding any enactment or rule of law or anything contained in the constitution or rules of the organisation or in any order of court, deed, will or other instrument relating to the organisation, that property may, with the approval of the Attorney-General, be transferred to F23...[F21 an [F22HSC trust] or the trustees for an [F22HSC trust] (in this Article referred to as “the transferee”)] on such terms as may be agreed between[F21 the transferee] and the organisation or, as the case may be, the trustees with a view to the property being held or used by[F21 the transferee] for purposes similar to the purposes for which it was previously held or used.

(2) The power to make an agreement under paragraph (1) shall be construed as including power, exercisable in the like manner and subject to the like consents and conditions, to vary the terms of that agreement.

(3) Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (2).