Office of Public Sector Information
PART 10 continued
(2) References in this Part to the provision of services—
(a) in relation to statutory health bodies, health service providers or NHS contractors, include references to the provision of goods or facilities, and
(b) include references to the provision of services (or goods or facilities) wherever that takes place.
(3) References in this Part to the health service are references to the health service in England.
(4) In relation to information recorded otherwise than in legible form, any reference in this Part to the production of documents is a reference to the production of a copy of the information in legible form.
(5) Where functions of the Secretary of State are exercisable by a Special Health Authority—
(a) references in this Part to authorised officers include officers of the Special Health Authority authorised by or on behalf of the Special Health Authority to act in exercise of the functions, and
(b) references in this Part to information held or disclosed by or on behalf of the Secretary of State include information held or disclosed by or on behalf of the Special Health Authority.
(1) The Secretary of State may acquire—
(a) any land, either by agreement or compulsorily,
(b) any other property,
required by him for the purposes of this Act.
(2) In particular, land may be so acquired to provide residential accommodation for persons employed for any of those purposes.
(3) The Secretary of State may use for the purposes of any of the functions conferred on him by this Act any property belonging to him by virtue of this Act, and he has power to maintain all such property.
(4) A local social services authority may be authorised to purchase land compulsorily for the purposes of this Act by means of an order made by the authority and confirmed by the Secretary of State.
(5) The Acquisition of Land Act 1981 (c. 67) applies to the compulsory purchase of land under this section.
(6) Section 120(3) of the Local Government Act 1972 (c. 70) (which relates to the application of Part 1 of the Compulsory Purchase Act 1965 (c. 56) where a council is authorised to acquire land by agreement) applies to the acquisition of land by the Secretary of State under this section as it applies to such acquisition by a council under that section.
(7) Sections 238 and 239 of the Town and Country Planning Act 1990 (c. 8) (use and development of consecrated land and burial grounds) apply to consecrated land or land comprised in a burial ground (within the meaning of section 240 of that Act) which—
(a) the Secretary of State holds for the purposes of the health service, and
(b) has not been the subject of a relevant acquisition (within the meaning of that section) by him,
as if that land had been the subject of such an acquisition by him for those purposes.
(1) In this Act “special trustees” are trustees appointed by the Secretary of State in relation to England under—
(a) section 29 of the National Health Service Reorganisation Act 1973 (c. 32),
(b) section 95 of the National Health Service Act 1977 (c. 49), and
(c) this section,
for any hospital falling within subsection (2).
(2) A hospital falls within this subsection if, immediately before the day appointed for the purposes of section 29 of the National Health Service Reorganisation Act 1973 (c. 32), it was controlled and managed by a University Hospital Management Committee or a Board of Governors, other than—
(a) a body on whose request an order was made under section 24(2) of that Act, or
(b) a preserved Board within the meaning of section 15(6) of that Act.
(3) Special trustees must hold and administer the property transferred under the National Health Service Reorganisation Act 1973.
(4) The number of special trustees appointed under this section is such as the Secretary of State may from time to time determine after consultation with such persons as he considers appropriate.
(5) Special trustees have power to accept, hold and administer any property on trust, being a trust which is wholly or mainly for hospitals for which they are appointed, for all or any purposes relating to—
(a) hospital services (including research), or
(b) any other part of the health service associated with hospitals.
(6) The term of office of any special trustee appointed under this section must be fixed by the Secretary of State, but a special trustee may be removed by the Secretary of State at any time during the special trustee’s term of office.
(7) Subsection (3) is subject to sections 213 and 214.
(1) The Secretary of State may, having regard to any change or proposed change—
(a) in the arrangements for the administration of a hospital or other establishment or facility, or
(b) in the area or functions of any NHS body other than an NHS foundation trust,
by order provide for the transfer of any trust property from any relevant health service body to any other relevant health service body.
(2) In this section “relevant health service body” means—
(a) an NHS body,
(b) special trustees, or
(c) trustees for a Primary Care Trust, an NHS trust or an NHS foundation trust.
(3) Where property is transferred by an order under this section to two or more bodies, it must 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 must be apportioned.
(4) Where property is so apportioned, the Secretary of State may by order make any consequential amendments of the trust instrument relating to the property.
(5) In this section “special trustees” includes special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006 (c. 42).
(1) If it appears to the Secretary of State at any time that all the functions of any special trustees should be discharged by a Primary Care Trust, an NHS trust, a Special Health Authority or an NHS foundation trust, he may by order provide for the transfer of all trust property from the special trustees to the body or, in such proportions as may be specified in the order, to those bodies.
(2) Before acting under subsection (1) the Secretary of State must consult the special trustees and other bodies concerned.
(3) 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 a Primary Care Trust, an NHS trust or an NHS foundation trust (“the trustees of the body”), or
(b) the functions of the trustees of the body should be discharged by special trustees,
he may, after consulting the special trustees and the trustees of the body, by order provide for the transfer of all trust property from the special trustees to to the trustees of the body, or from the trustees of the body to the special trustees.
(4) Where property is transferred by an order under this section to two or more bodies, it must 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 must 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.
(6) “Special trustees” includes special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006.
(1) Where property is given in pursuance of section 222 (power of NHS bodies to raise money) to or on trust for any purposes of a hospital for which special trustees have been appointed, the property may be held, administered and applied by the special trustees instead of by the body responsible for the hospital if that body and the special trustees agree.
(2) The body responsible for a hospital is—
(a) in the case of a hospital vested in an NHS trust or an NHS foundation trust, that trust, and
(b) in any other case, the Strategic Health Authority or Primary Care Trust exercising functions of the Secretary of State in respect of the hospital.
(3) Subsection (4) applies where property is given in pursuance of section 222—
(a) on trust for any purposes of a Primary Care Trust for which trustees have been appointed under paragraph 12 of Schedule 3,
(b) on trust for any purposes of an NHS trust for which trustees have been appointed under paragraph 10 of Schedule 4, or paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006 (c. 42), or
(c) on trust for any purposes of an NHS foundation trust for which trustees have been appointed under section 51.
(4) Where this subsection applies and the trustees and the Primary Care Trust, NHS trust or NHS foundation trust agree, the property may be held, administered and applied by the trustees instead of by the Primary Care Trust, NHS trust or NHS foundation trust.
(5) Property given in pursuance of section 222 on trust may be transferred by order of the Secretary of State under section 213 or 214 in the same circumstances as other trust property may be transferred under either of those sections.
(1) Any discretion given by a trust instrument to the trustees of property transferred under—
(a) section 24 of the National Health Service Reorganisation Act 1973 (c. 32) (transfer of trust property from abolished authorities),
(b) section 25 of that Act (transfer of trust property held for health services by local health authorities),
(c) section 92 of the National Health Service Act 1977 (c. 49) (further transfers of trust property), or
(d) section 213 or 214 of this Act,
is exercisable by the person to whom the property is so transferred and, subject to this section, the transfer does not affect the trusts on which the property is held.
(2) Where—
(a) property has been transferred under section 24 of the National Health Service Reorganisation Act 1973, or section 92 of the National Health Service Act 1977, and
(b) any discretion is given by a trust instrument to the trustees to apply the property, or income arising from the property, to such hospital services (including research) as the trustees consider appropriate without any restriction on the kinds of hospital services and without any restriction to one or more specified hospitals,
the discretion is enlarged so as to allow the application of the property or of the income arising from the property, to such extent as the trustees consider appropriate, for any other part of the health service associated with any hospital.
(3) Subsection (2) applies on any subsequent transfer of the property under section 213 or 214.
(1) This section applies in relation to—
(a) section 51(1) to (3),
(b) sections 212 to 214,
(c) section 216,
(d) section 218,
(e) section 220,
(f) paragraphs 12 and 13 of Schedule 2,
(g) paragraph 12 of Schedule 3,
(h) paragraph 10 of Schedule 4, and
(i) paragraphs 8 and 9 of Schedule 6.
(2) A provision—
(a) contained in a provision to which this section applies,
(b) for the transfer of any property,
includes provision for the transfer of any rights and liabilities arising from that property.
(3) Where a transfer of property by virtue of a provision to which this section applies is of, or includes—
(a) land held on lease from a third party, or
(b) any other asset leased or hired from a third party or in which a third party has an interest,
the transfer is binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.
(4) “Third party” means a person other than the Secretary of State or an NHS body.
(5) Nothing in a provision to which this section applies affects any power of Her Majesty, the court (as defined in the Charities Act 1993 (c. 10)) or any other person, to alter the trusts of any charity.
(6) Nothing in section 12 of the Finance Act 1895 (c. 16) (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) applies to—
(a) a provision to which this section applies, or
(b) an order made in pursuance of any such provision.
(7) Stamp duty is not payable on an order falling within subsection (6)(b).
(1) Subsection (2) applies 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 health service hospital.
(2) The trust instrument must be construed as authorising or 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 hospital authority.
(3) Any sum paid to the appropriate hospital authority must, so far as practicable, be applied by it for the purpose specified in the trust instrument.
(4) “The appropriate hospital authority” means—
(a) where special trustees are appointed for the hospital, those trustees,
(b) where the hospital is managed by, and trustees have been appointed for, an NHS trust, an NHS foundation trust or Primary Care Trust, the trustees,
(c) where the hospital is managed by an NHS trust, an NHS foundation trust or Primary Care Trust and neither paragraph (a) nor paragraph (b) applies, the NHS trust, NHS foundation trust or Primary Care Trust, and
(d) in any other case, the Strategic Health Authority or Special Health Authority exercising functions of the Secretary of State in respect of the hospital, or the Special Health Authority or Local Health Board exercising functions of the Welsh Ministers in respect of the hospital.
(5) Nothing in this section applies to property transferred under section 24 of the National Health Service Reorganisation Act 1973.
(6) In this section—
“health service hospital” includes such a hospital within the meaning of section 206 of the National Health Service (Wales) Act 2006 (c. 42), and
“special trustees” includes special trustees within the meaning of section 160 of that Act.
(1) All property vested in the Secretary of State in consequence of the transfer of that property under section 6 of the National Health Service Act 1946 (c. 81) (transfer of hospitals) is vested free of any trust existing immediately before that transfer.
(2) The Secretary of State may use any such property for the purpose of any of his functions under this Act, but he must so far as practicable secure that the objects for which any such property was used immediately before that transfer are not prejudiced by the exercise of the power conferred by this subsection.
(1) This section applies to property—
(a) transferred under section 23 of the National Health Service Reorganisation Act 1973 (c. 32) (winding-up of hospital endowment funds), or
(b) transferred under section 24 of that Act (transfer of trust property from abolished authorities) and which immediately before the day appointed for the purposes of that section was, in accordance with any provision contained in or made under section 7 of the National Health Service Act 1946, applicable for purposes relating to hospital services or relating to some form of research,
including any such property which has been further transferred under section 92 of the National Health Service Act 1977 (c. 49).
(2) This section continues to apply to any such property after any further transfer under section 213 or 214.
(3) The person holding the property after the transfer or last transfer must secure, so far as is reasonably practicable, that the objects of any original endowment, and the observance of any conditions attached to that endowment, including in particular conditions intended to preserve the memory of any person or class of persons, are not prejudiced by this Part of this Act.
(4) “Original endowment” means a hospital endowment which was transferred under section 7 of the National Health Service Act 1946 (c. 81) and from which the property in question is derived.
(5) Subject to subsection (3), the property must be held on trust for such purposes relating to hospital services (including research), or to any other part of the health service associated with any hospital, as the person holding the property considers appropriate.
(6) Where the person holding the property is a body of special trustees, the power conferred by subsection (5) must be exercised as respects the hospitals for which they are appointed.
(1) Subsection (2) applies where—
(a) any hospital provided by the Secretary of State in accordance with this Act was a voluntary hospital transferred by virtue of the National Health Service Act 1946, and
(b) the character and associations of that hospital before its transfer were such as to link it with a particular religious denomination.
(2) Regard must be had in the general administration of the hospital to the preservation of that character and those associations.
(1) This section applies to any NHS body other than a Local Health Board.
(2) A body to which this section applies has power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to—
(a) assist the body in providing or improving any services or any facilities or accommodation which is or are, or will be, provided as part of the health service, or
(b) assist it in connection with its functions with respect to research.
(3) Subject to any directions of the Secretary of State excluding specified descriptions of activity, the activities authorised by this section include—
(a) public appeals or collections,
(b) competitions,
(c) entertainments,
(d) bazaars,
(e) sales of produce or other goods, and
(f) other similar activities.
(4) The activities may involve the use of land, premises or other property held by or for the benefit of the body exercising the power.
(5) Subsection (4) is subject to any restrictions on the purposes for which trust property may be used.
(6) Subject to this section and section 215, the body at whose instance property is given in pursuance of this section must, 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.
(7) Where property held by a body under this section is more than sufficient to enable the purpose for which it was given to be fulfilled, the excess is 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 body as it considers appropriate.
(8) Where property held by a body under this section is insufficient to enable the purpose for which it was given to be fulfilled the body may apply so much of the capital or income at its disposal as is needed to enable the purpose to be fulfilled.
(9) Subsection (8) is subject in the case of trust property to any restrictions on the purpose for which the trust property may be applied and, in the case of money paid or payable by the Secretary of State under section 224 or 226, to any directions he may give.
(10) Where the capital or income applicable under subsection (8) is insufficient or is not applied to enable the purpose to be fulfilled, the property held by the body is 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 body as it considers appropriate.
(11) Where under subsection (7) or (10) property becomes applicable for purposes other than that for which it was given the body applying the property must have regard to the desirability of applying it for a purpose similar to that for which it was given.
(12) References in this section to the purposes for which trust property may be used or applied include, in the case of trust property which has been transferred under section 213 or 214, references to those purposes as enlarged by section 216.
(1) The Secretary of State may form, or participate in forming, companies to provide facilities or services to persons or bodies exercising functions, or otherwise providing services, under this Act.
(2) The Secretary of State may, with a view to securing or facilitating the provision by companies of facilities or services to persons or bodies falling within subsection (1)—
(a) invest in the companies (whether by acquiring assets, securities or rights or otherwise), or
(b) provide loans and guarantees and make other kinds of financial provision to or in respect of them,
or both.
(3) For the purposes of subsections (1) and (2) it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided—
(a) only to persons or bodies falling within subsection (1), or
(b) to persons or bodies falling within subsection (1) only in their capacities as persons or bodies such as are mentioned in that provision.
(4) “Companies” means companies within the meaning of the Companies Act 1985 (c. 6).
(5) This section does not affect any powers of the Secretary of State exercisable otherwise than by virtue of this section.
(1) The Secretary of State must pay in respect of each financial year to each Strategic Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Strategic Health Authority towards meeting the expenditure of the Strategic Health Authority which is attributable to the performance by it of its functions in that year.
(2) Where the Secretary of State has made an initial determination of the amount (“the initial amount”) to be allotted for any year to a Strategic Health Authority under subsection (1), he may increase the initial amount by a further sum if it appears to him that over a period notified to the Strategic Health Authority—
(a) it satisfied any objectives notified to it as objectives to be met in performing its functions, or
(b) it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it).
(3) “Notified” means specified or referred to in a notice given to the Strategic Health Authority by the Secretary of State.
(4) In making any increase under subsection (2), the Secretary of State may (whether by directions under subsection (9) or otherwise) impose any conditions he considers appropriate on the application or retention by the Strategic Health Authority of the sum in question.
(5) Subsection (6) applies where—
(a) the Secretary of State has, under subsection (2), increased by any sum the amount to be allotted for any year to a Strategic Health Authority,
(b) the Secretary of State has notified the Strategic Health Authority of the allotment, and
(c) it subsequently appears to the Secretary of State that the Strategic Health Authority has failed (wholly or in part) to satisfy any conditions imposed in making that increase.
(6) Where this subsection applies, the Secretary of State may reduce—
(a) the allotment made to that Strategic Health Authority for that year, or
(b) when he has made an initial determination of the amount (“the initial amount”) to be allotted for any subsequent year to the Strategic Health Authority under subsection (1), the initial amount,
by an amount not exceeding the sum mentioned in subsection (5)(a).
(7) An amount is allotted to a Strategic Health Authority for a year under this section when it is notified by the Secretary of State that the amount is allotted to it for that year.
(8) The Secretary of State may, subject to subsection (6), make an allotment under this section increasing or reducing an allotment previously so made; and the reference to a determination in subsection (2) includes a determination made with a view to increasing or reducing an allotment previously so made.
(9) The Secretary of State may give directions to a Strategic Health Authority with respect to—
(a) the application of sums paid to it under this section, or
(b) the payment of sums by it to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets.
(10) Sums falling to be paid to Strategic Health Authorities under this section are payable subject to such conditions as to records, certificates or otherwise as the Secretary of State may determine.
(1) The Secretary of State must pay in respect of each financial year to each Special Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Special Health Authority towards meeting the expenditure of the Special Health Authority which is attributable to the performance by it of its functions in that year.
(2) An amount is allotted to a Special Health Authority for a year under this section when it is notified by the Secretary of State that the amount is allotted to it for that year.
(3) The Secretary of State may make an allotment under this section increasing or reducing an allotment previously so made.
(4) The Secretary of State may give directions to a Special Health Authority with respect to—
(a) the application of sums paid to it under this section, or
(b) the payment of sums by it to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets.
(5) Sums falling to be paid to Special Health Authorities under this section are payable subject to such conditions as to records, certificates or otherwise as the Secretary of State may determine.
(1) Each Strategic Health Authority must, in respect of each financial year, perform its functions so as to secure that its expenditure which is attributable to the performance by it of its functions in that year does not exceed the aggregate of—
(a) the amount allotted to it for that year under section 224(1),
(b) any sums received by it in that year under any provision of this Act (other than sums received by it under that subsection), and
(c) any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.
(2) Each Special Health Authority must, in respect of each financial year, perform its functions so as to secure that its expenditure which is attributable to the performance by it of its functions in that year does not exceed the aggregate of—
(a) the amount allotted to it for that year under section 225(1),
(b) any sums received by it in that year under any provision of this Act (other than sums received by it under that subsection), and
(c) any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.
(3) The Secretary of State may give such directions to a Strategic Health Authority or Special Health Authority as appear to be requisite to secure that the Authority complies with the duty under subsection (1) or (2).
(4) To the extent to which—
(a) any expenditure is defrayed by a Strategic Health Authority or Special Health Authority as trustee or on behalf of a Strategic Health Authority or Special Health Authority by special trustees, or
(b) any sums are received by a Strategic Health Authority or Special Health Authority as trustee or under section 222,
that expenditure and, subject to subsection (6), those sums, must be disregarded for the purposes of this section.
National Health Service Act 2006