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National Health Service Act 2006

National Health Service Act 2006 s 214

s 214 Transfer of functions and property to or from Welsh special trustees

(1) If it appears to the Secretary of State at any time that all the functions of any Welsh special trustees should be discharged by NHS England , an integrated care board , ... 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 Welsh 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 Welsh special trustees and other bodies concerned. (3) If it appears to the Secretary of State at any time that— (a) the functions of any Welsh special trustees should be discharged by the trustees for ... ... an NHS trust ... (“the trustees of the body”), or (b) the functions of the trustees of the body should be discharged by Welsh special trustees , he may, after consulting the Welsh special trustees and the trustees of the body, by order provide for the transfer of all trust property from the Welsh special trustees to the trustees of the body, or from the trustees of the body to the Welsh 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) “ Welsh special trustees ” means special trustees within the meaning of section 160 of the National Health Service (Wales) Act 2006.

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