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Health and Personal Social Services (Northern Ireland) Order 1972, Section 86 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 F1... [F2[F3HSC 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 F4...[F2 an [F3HSC trust] or the trustees for an [F3HSC trust] (in this Article referred to as “the transferee”)] on such terms as may be agreed between[F2 the transferee] and the organisation or, as the case may be, the trustees with a view to the property being held or used by[F2 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).
F1Words in art. 86(1)(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 44(2)(a); S.R. 2022/102, art. 2(b)
F3Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 1(1)(d); S.R. 2009/114, art. 2
F4Words in art. 86(1)(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 44(2)(b); S.R. 2022/102, art. 2(b)
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