SCHEDULES

F1SCHEDULE 5BLocal Health Boards

Annotations:
Amendments (Textual)

Part 3Other matters

20Transfer of property

1

The National Assembly for Wales may by order (referred to in this paragraph and paragraph 21 below as a transfer order)—

a

transfer (or provide for the transfer of) any of the property, rights and liabilities of a health service authority to a Local Health Board;

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, rights and liabilities which—

a

belong to a health service authority other than the National Assembly for Wales or are used or managed by a Health Authority; and

b

are to be transferred to a Local Health Board by or under a transfer order,

must be identified by agreement between the health service authority (or Health Authority) and the Local Health Board or, in default of agreement, by direction of the Assembly.

3

Where a transfer order transfers (or 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

In sub-paragraph (3) above, “third party” means a person other than a health service authority.

5

In this paragraph and paragraph 21 below, “health service authority” means the National Assembly for Wales, a Health Authority, a Local Health Board or an NHS trust in Wales.