Change 1 Article Choose an article Title and introductory text 1 Welsh Ministers' duty to promote health service 1A Welsh Ministers' duty to secure quality in health services 2 Welsh Ministers' general power 3 Welsh Ministers' duty as to provision of certain services 4 High security psychiatric services 5 Other services 6 Performance of functions outside Wales 6A Reimbursement of cost of services provided in another EEA state 6B Prior authorisation for the purposes of section 6A 6BA Reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013 6BB Prior authorisation for the purposes of section 6BA 7 NHS contracts 8 Provision for bodies in Northern Ireland 8A Provision for bodies in Scotland 9 Arrangements to be treated as NHS contracts 10 Welsh Ministers' arrangements with other bodies 10A Procurement of services etc. as part of the NHS in Wales 10B Direct payments for health care 10C Regulations about direct payments 10D Arrangements with other bodies relating to direct payments 11 Local Health Boards 12 Functions of Local Health Boards 12A Local Health Boards' duty to secure quality in health services 13 Exercise of Local Health Board functions 14 Section 50 arrangements and section 64 arrangements 15 Administration and management of services 16 Advice for Local Health Boards 17 Plans for improving health etc 18 NHS trusts 19 Welsh Ministers' directions to NHS trusts 20 General duty of NHS trusts 20A Duty of NHS trusts to secure quality in health services 21 Financial provisions relating to NHS trusts 22 Special Health Authorities 23 Welsh Ministers' directions to Special Health Authorities 24 Exercise of health service functions by Special Health Authorities 24A Duty of Special Health Authorities to secure quality in health services 25 Exercise of Special Health Authority functions 25A Duty to have regard to providing sufficient nurses 25B Duty to calculate and take steps to maintain nurse staffing levels 25C Nurse staffing levels: method of calculation 25D Nurse staffing levels: guidance 25E Nurse staffing levels: reports 26 Intervention orders 27 Effect of intervention orders 28 Default powers 29 Transfer of residual liabilities 30 Schemes for meeting losses and liabilities etc of certain health service bodies 31 Directions and regulations under this Part 32 Supply of goods and services by local authorities 33 Arrangements between NHS bodies and local authorities 34 Power of local authorities to make payments 35 Care Trusts 36 Directed partnership arrangements 37 Further provisions about directions and directed partnership arrangements 38 Supply of goods and services by the Welsh Ministers 39 Conditions of supply under section 38 40 Health and well-being strategies in Wales 41 Primary medical services 42 General medical services contracts: introductory 43 Requirement to provide certain primary medical services 44 Persons eligible to enter into GMS contracts 45 GMS contracts: payments 46 GMS contracts: prescription of drugs, etc 47 GMS contracts: other required terms 48 GMS contracts: disputes and enforcement 49 Persons performing primary medical services 50 Arrangements by Local Health Boards for the provision of primary medical services 51 Persons with whom agreements may be made under section 50 52 Regulations about section 50 arrangements 53 Assistance and support: primary medical services 54 Local Medical Committees 55 Use of accommodation: provision of primary medical services 56 Primary dental services 57 General dental services contracts: introductory 58 Requirement to provide certain primary dental services 59 Persons eligible to enter into GDS contracts 60 GDS contracts: payments 61 GDS contracts: other required terms 62 GDS contracts: disputes and enforcement 63 Persons performing primary dental services 64 Arrangements by Local Health Boards for the provision of primary dental services 65 Persons with whom agreements may be made under section 64 66 Regulations about section 64 arrangements 67 Dental public health 68 Assistance and support: primary dental services 69 Local Dental Committees 70 Use of accommodation: provision of primary dental services 71 Arrangements for general ophthalmic services 72 Regulations as to general ophthalmic services 73 Medical practitioners with qualifications prescribed under section 71 74 Exercise of choice of practitioner 75 Inadequate provision of ophthalmic services 76 Remuneration for persons providing general ophthalmic services 77 Section 76: supplementary 78 Local Optical Committees 79 Use of accommodation: provision of general ophthalmic services 80 Arrangements for pharmaceutical services 81 Arrangements for additional pharmaceutical services 82 Terms and conditions, etc 82A Pharmaceutical needs assessments 83 Regulations as to pharmaceutical services 84 Regulations under section 83: appeals, etc 85 Power to charge 86 Persons authorised to provide pharmaceutical services 87 Inadequate provision of pharmaceutical services 88 Remuneration for persons providing pharmaceutical services 89 Section 88: supplementary 90 Local Pharmaceutical Committees 91 Use of accommodation: provision of pharmaceutical services 92 Pilot schemes 93 Making pilot schemes 94 Designation of priority neighbourhoods or premises 95 Reviews of pilot schemes 96 Variation and termination of pilot schemes 97 NHS contracts and the provision of piloted services 98 Funding of preparatory work 99 Application of this Act 100 Premises from which piloted services may be provided 101 Control of entry regulations 102 Local pharmaceutical services schemes 103 Application of enactments 104 Conditional inclusion in ophthalmic and pharmaceutical lists 105 Supplementary lists 106 Further provision about regulations under section 105 107 Disqualification of practitioners 108 Contingent removal 109 Fraud and unsuitability cases: supplementary 110 Suspension 111 Suspension pending appeal 112 Effect of suspension 113 Review of decisions 114 Appeals 115 National disqualification 116 Notification of decisions 117 Withdrawal from lists 118 Regulations about decisions under this Chapter 119 Corresponding provisions in Scotland and Northern Ireland 120 Indemnity cover 121 Charges for drugs, medicines or appliances, or pharmaceutical services 122 Exemptions from general charging 123 Pre-payment certificates 124 Charges in respect of non-residents 125 Dental charging 126 Exemptions from dental charging 127 Charges, recovery of payments and penalties 128 Charges for optical appliances 129 Payments in respect of optical appliances 130 Remission and repayment of charges 131 Payment of travelling expenses 132 Sections 130 and 131: supplementary 133 Charges for more expensive supplies 134 Charges for repairs and replacements in certain cases 135 Charges for designated services or facilities 136 Sums otherwise payable to those providing services 137 Hospital accommodation on part payment 138 Expenses payable by employed patients 139 Recovery of charges 140 Recovery of charges and payments in relation to goods and services 141 Penalties relating to charges 142 Offences relating to charges 143 Compulsory disclosure of documents 144 Persons and bodies about which provision is made by this Part 145 Notice requiring production of documents 146 Production of documents 147 Delegation of functions 148 Code of practice relating to delegated functions 149 Disclosure of information 150 Protection of personal information disclosed for purposes of proceedings 151 Manner in which disclosure notice may be served 152 Offences in connection with production of documents 153 Offences relating to disclosure or use of information 154 Offences by bodies corporate etc 155 Offences committed by partnerships and other unincorporated associations 156 Penalties for offences under this Part: transitional modification 157 Orders and regulations under this Part 158 Interpretation of this Part 159 Acquisition, use and maintenance of property 160 Special trustees for a university or teaching hospital 161 Transfers of trust property 162 Transfer of functions and property to or from special trustees 163 Trustees and property under section 169 164 Application of trust property: further provisions 165 Trusts: supplementary provisions 166 Transferred property free of trusts 167 Trust property previously held for general hospital purposes 168 Voluntary hospitals 169 Power to raise money 170 Public-private partnerships 171 Means of meeting expenditure of Special Health Authorities out of public funds 172 Financial duties of Special Health Authorities 173 Resource limits for Special Health Authorities 174 Public funding of Local Health Boards 175 Financial duties of Local Health Boards 176 Resource limits for Local Health Boards 177 Further provision about the expenditure of Local Health Boards 178 Accounts and audit 179 Allowances for members of certain bodies 180 Special arrangement as to payment of remuneration 181 Payments for certain medical examinations 182 Community Health Councils 183 Public involvement and consultation 184 Functions of overview and scrutiny committees 185 Joint overview and scrutiny committees etc 186 Overview and scrutiny committees: exempt information 187 Independent advocacy services 188 Joint working with the prison service 189 Welsh Ministers' standing advisory committees 190 Advisory committees for Wales 191 Emergency powers 192 Local social service authorities 193 Supplies not readily obtainable 194 Power of Local Health Boards to make payments towards expenditure on community services 195 Payments in respect of voluntary organisations under section 194 196 Power of Welsh Ministers to make payments towards expenditure on community services in Wales 197 University clinical teaching and research 198 Permission for use of facilities in private practice 199 Persons displaced by health service development 200 Special notices of births and deaths 201 Provision of information by Registrar General 202 Territorial limit of exercise of functions 203 Orders, regulations and directions 204 Further provision about orders and directions under this Act 205 Supplementary regulatory powers 206 Interpretation 207 Index of defined expressions 208 Commencement 209 Short title, extent and application SCHEDULE 1 Further provision about the Welsh Ministers and services under this Act SCHEDULE 2 Local Health Boards SCHEDULE 3 NHS trusts established under section 18 SCHEDULE 4 Financial provision about NHS trusts established under section 18 SCHEDULE 5 Special Health Authorities established under section 22 SCHEDULE 6 Pilot schemes SCHEDULE 7 LPS schemes SCHEDULE 8 Further provision about the expenditure of Local Health Boards SCHEDULE 9 Accounts and audit SCHEDULE 10 Further provision about Community Health Councils SCHEDULE 11 Exempt information relating to health services SCHEDULE 12 Section 33 arrangements: transfer of staff SCHEDULE 13 Further provision about standing advisory committees SCHEDULE 14 Further provision about advisory committees for Wales
What to do with it
As published
164 Application of trust property: further provisions
(1) Any discretion given by a trust instrument to the trustees of property transferred under section 161 or 162 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 (c. 32), or section 92 of the National Health Service Act 1977 (c. 49), 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 161 or 162.
Your wording
Your change, as a redline
164 Application of trust property: further provisions
(1) Any discretion given by a trust instrument to the trustees of property transferred under section 161 or 162 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 (c. 32), or section 92 of the National Health Service Act 1977 (c. 49), 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 161 or 162.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.