NHS (Charitable Trusts Etc) Act 2016

Overview of the Act

Reproduced verbatim from the Explanatory Notes published with the Act on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Explanatory Notes are prepared by the responsible government department and are not part of the Act.

The NHS (Charitable Trusts Etc) Act 2016 makes provision in relation to two main subject matters. First, it makes provision to remove the Secretary of State’s powers to appoint trustees for NHS bodies, and to appoint special trustees, in England, and makes amendments to primary legislation consequential on the removal of those powers. This seeks to fulfil a commitment made by the government in 2014, following a consultation on the regulation of NHS charities, to move towards greater independence for NHS charities and away from the Secretary of State appointing bodies of separate trustees for NHS bodies.

Second, it makes provision to amend sections 301 and 304 of, and Schedule 6 to, the Copyright, Designs and Patents Act 1988 so as to transfer to Great Ormond Street Hospital Children’s Charity ("the new GOSH Charity") the right to a royalty in relation to performances or publications of the play "Peter Pan" by JM Barrie. It also makes related and transitional provision.

This right is currently conferred on the special trustees appointed by the Secretary of State for Great Ormond Street Hospital under NHS legislation (ie the trustees appointed for the existing NHS Charity).