(1)The Secretary of State may, having regard to any change or proposed change in the arrangements for the administration of a hospital [F1or other establishment or facility] or in the area or functions of any [F2Strategic Health Authority,][F3 Primary Care Trust,][F4Health Authority or Special Health Authority], by order provide for the transfer of any trust property [F5from any relevant health service body to any other relevant health service body.].

[F6(1A)In this section “relevant health service body” means—

[F7(za)a Strategic Health Authority;]

(a)a Health Authority;

(b)a Special Health Authority;

(c)an NHS trust [F8or a Primary Care Trust];

[F9(cc)a Local Health Board;]

(d)special trustees; or

(e)trustees for an NHS trust [F8or a Primary Care Trust].]

(2)If it appears to the Secretary of State at any time that all the functions of any special trustees should be discharged by [F10one or more bodies which are relevant health service bodies by virtue of subsection (1A)(a) to (c) above] then, whether or not there has been any such change as is mentioned in subsection (1) above, he may by order provide for the transfer of all trust property from the special trustees to the [F11body or, in such proportions as may be specified in the order, to those bodies.].

(3)Before so acting the Secretary of State shall consult the [F12special trustees and other bodies] concerned.

(4)Where by an order under this section, property is transferred to two or more [F13bodies], it shall 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 is to 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.

[F14(6)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 an NHS trust, or

(b)the functions of the trustees for an NHS trust should be discharged by special trustees,

then, whether or not there has been any such change as is mentioned in subsection (1) above, he may, after consulting the special trustees and the trustees for the NHS trust, by order provide for the transfer of all trust property from or to the special trustees to or from the trustees for the NHS trust.]

[F15(7)Subsection (6) above applies in relation to a Primary Care Trust as it applies in relation to an NHS trust.]