128Agreement by affiliated health organisation to repay sums

#### 128 Agreement by affiliated health organisation to repay sums 128 Agreement by affiliated health organisation to repay sums (cf PH Act s 17A) > > (1) Before paying any sum to an affiliated health organisation out of money appropriated from the Consolidated Fund, the Minister may require— > > > > > (a) the affiliated health organisation, or > > > > > (b) if the property of the affiliated health organisation is not vested in the affiliated health organisation— > > > > > > > (i) the persons in whom the property is vested, or > > > > > > > (ii) those persons and the affiliated health organisation, > > > > to enter into an agreement with the Minister under this section. > > > (2) An agreement entered into under this section must make provision for or with respect to requiring— > > > > > (a) the repayment to the Minister, in the circumstances specified in, or to be determined in accordance with, the agreement of the sum referred to in subsection (1), or > > > > > (b) the payment to the Minister, in the circumstances specified in, or to be determined in accordance with, the agreement of such other sum (whether lesser or greater than the sum referred to in subsection (1)) as is specified in, or is to be determined in accordance with, the agreement. > > > (3) A breach of trust does not occur only because the trustees of an affiliated health organisation have— > > > > > (a) entered into an agreement under this section, or > > > > > (b) repaid or paid to the Minister any sum in accordance with the agreement, or > > > > > (c) done or performed any act or thing necessary or convenient to be done or performed for the purpose of enabling them to enter into such an agreement or repay or pay such a sum.