PART XENDOWMENTS AND OTHER TRUST PROPERTY, ETC.

Transfer of endowments, etc., held by management committeesF1179

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Transfer of property held on trust by Northern Ireland Hospitals AuthorityF1280

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Transfer of certain property held by health and welfare authorities81

F13Para.(1) rep. by SLR 1980

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)F1 of, or under section 28F2 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 authoritiesF1482

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Power of trustees to make payments to Health and Social Services Boards83

F31

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 F15... an F4HSC 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—

F16a

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b

where the hospital or service is administered by an F4HSC 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 F4HSC trust and sub-paragraph (b) does not apply, the F4HSC trust.

F172

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Power of Ministry in cases of difficulty84

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21Power for certain health bodies to accept property on trust, etc85

1

F18...F6 A special agency may accept, hold and administer any property on trust for purposes relating to any service which it isF6 that body's function to make arrangements for, administer or provide.

F72

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 F19HSC trust ;

F20b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

any reference therein to a hospital or other establishment or facility managed by an F8HSC 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 organisations86

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 F22... F9F10HSC 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...F9 an F10HSC trust or the trustees for an F10HSC trust (in this Article referred to as “the transferee”) on such terms as may be agreed betweenF9 the transferee and the organisation or, as the case may be, the trustees with a view to the property being held or used byF9 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).