National Health Service (Scotland) Act 1978

[F184A Power to raise money, etc., by appeals, collections, etc. S

(1)A Health Board [F2or NHS trust] shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist them in providing or improving any services or any facilities or accommodation which is or are to be provided as part of the health service or to assist them in connection with their functions with respect to research.

(2)A local health council shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist them in carrying out any function conferred upon them by or under any enactment.

(3)Subject to any directions of the Secretary of State excluding specified descriptions of activity, the activities authorised by this section include public appeals or collections and competitions, entertainments, bazaars, sales of produce or other goods and other similar activities and the activities may involve the use of land, premises or other property held by or for the benefit of the Board [F3, NHS trust] or local health council exercising the power subject however to any restrictions on the purposes for which trust property may be used.

(4)Subject to subsections (5) and (6), the Health Board [F3, NHS trust] or local health council at whose instance property is given in pursuance of this section shall, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for or for the purpose for which it was given.

(5)Where property held by a Health Board [F3, NHS trust] or local health council under this section is more than sufficient to enable the purpose for which it was given to be fulfilled, the excess shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the Board [F3, NHS trust] or council as the Board [F3, NHS trust] or council think fit.

(6)Where property held by a Health Board [F3, NHS trust] or local health council under this section is insufficient to enable the purpose for which it was given to be fulfilled then—

(a)the Board [F3, NHS trust] or the council may apply so much of the capital or income at their disposal as is needed to enable the purpose to be fulfilled subject, however, in the case of trust property, to any restrictions on the purposes for which the trust property may be applied, and in the case of money paid or payable by the Secretary of State under section 85(1), to any directions he may give; but

(b)where the capital or income applicable under paragraph (a) is insufficient or is not applied to enable the purpose to be fulfilled, the property so held by the Board [F3, NHS trust] or the council shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the Board [F3, NHS trust] or council as the Board [F3, NHS trust] or council think fit.

(7)Where under subsections (5) or (6) property becomes applicable for purposes other than that for which it was given, the Health Board [F3, NHS trust] or local health council shall have regard to the desirability of applying the property for a purpose similar to that for which it was given.]