The National Health Service (Transfer of Property between Health Boards) (Scotland) (No 2) Regulations 2004

Explanatory Note

(This note is not part of the Order)

Section 5(4) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) provides that any Trust property formerly held by the Scottish Hospital Trust (including any value in lieu of the property) which has been transferred to a Health Board by virtue of sections 5(1) and (2) of the 2003 Act, may be transferred by the Health Board (“the transferor”) to, and vested in, another Health Board (“the transferee”), subject to such conditions as may be provided for in regulations made by the Scottish Ministers.

These Regulations make provision for those conditions. In particular they provide–

(a) that the consideration for the transfer shall be such as may be agreed between the transferor and the transferee;

(b) that the property transferred, and any income from the property, can only be used for purposes consistent with the purposes for which the former Trust property is held;

(c) that the property shall be transferred back to the transferor on such date as may be agreed between the transferor and transferee but this is subject to section 5(5) of the Act (which makes provision for the property to be transferred back in certain circumstances); and

(d) that the property shall only be transferred with the consent of the Scottish Ministers and, for this purpose, the transferor has to inform the Scottish Ministers of certain matters not less than 28 days before the date of the proposed transfer.

These Regulations also revoke the National Health Service (Transfer of Property between Health Boards) (Scotland) Regulations 2004.