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Article 86 Certain property of voluntary organisations

Northern Ireland

(1)

Where any property is—

(a)

vested in any voluntary organisation formed for the purpose of providing any services similar or related to services which F1... F2F3HSC trusts are authorised or required to provide; or

(b)

held by any persons on trust for such an organisation or for any specific purposes connected with such an organisation;

then, notwithstanding any enactment or rule of law or anything contained in the constitution or rules of the organisation or in any order of court, deed, will or other instrument relating to the organisation, that property may, with the approval of the Attorney-General, be transferred to F4... an HSC trust or the trustees for an HSC trust (in this Article referred to as “the transferee”) on such terms as may be agreed between the transferee and the organisation or, as the case may be, the trustees with a view to the property being held or used by the transferee for purposes similar to the purposes for which it was previously held or used.

(2)

The power to make an agreement under paragraph (1) shall be construed as including power, exercisable in the like manner and subject to the like consents and conditions, to vary the terms of that agreement.

(3)

Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (2).

Annotations

Textual amendments

F1

Words in art. 86(1)(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 44(2)(a); S.R. 2022/102, art. 2(b)

F2

1991 NI 1

F3

Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 1(1)(d); S.R. 2009/114, art. 2

F4

Words in art. 86(1)(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 44(2)(b); S.R. 2022/102, art. 2(b)