24(1)The Secretary of State may by order (referred to in this paragraph and paragraph 25 as a transfer order)—E+W
(a)transfer (or provide for the transfer of) any of the property and liabilities of a health service authority to a Primary Care Trust,
(b)create or impose (or provide for the creation or imposition of) new rights or liabilities in respect of property transferred or retained.
(2)Any property and liabilities which—
(a)belong to a health service authority other than the Secretary of State or are used or managed by a Strategic Health Authority, and
(b)will be transferred to a Primary Care Trust by or under a transfer order,
must be identified by agreement between the health service authority (or Strategic Health Authority) and the Primary Care Trust or, in default of agreement, by direction of the Secretary of State.
(3)Where a transfer order provides for the transfer of—
(a)land held on lease from a third party, or
(b)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 despite the fact that, apart from this sub-paragraph, the transfer would have required the third party's consent or concurrence.
(4)“Third party” means a person other than a health service authority.
(5)In this paragraph and paragraph 25, “health service authority” means the Secretary of State, a Strategic Health Authority, a Primary Care Trust or an NHS trust.