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Section 217: Trusts: supplementary provisions

National Health Service Act 2006 · 2006 c. 41View on legislation.gov.uk

Part 11: Property and finance — Chapter 2: Trusts

This section applies in relation to—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 213 and 214,
section 216,
section 218,
section 220,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
paragraph 8 of Schedule 6.

A provision—

contained in a provision to which this section applies,
for the transfer of any property,

includes provision for the transfer of any rights and liabilities arising from that property.

Where a transfer of property by virtue of a provision to which this section applies is of, or includes—

land held on lease from a third party, or
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.

"Third party" means a person other than the Secretary of State or an NHS body.

Nothing in a provision to which this section applies affects any power of Her Majesty, the court (as defined in the Charities Act 2011) or any other person, to alter the trusts of any charity.

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 provision to which this section applies, or
an order made in pursuance of any such provision.

Stamp duty is not payable on an order falling within subsection (6)(b).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.