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National Health Service (Scotland) Act 1978
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Changes over time for: Cross Heading: Borrowing
Version Superseded: 01/10/1999
Alternative versions:
- 01/02/1991- Amendment
- 31/10/1991
Point in time - 01/10/1999- Amendment
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Point in time view as at 31/10/1991.
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National Health Service (Scotland) Act 1978, Cross Heading: Borrowing is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1 Borrowing]S
Textual Amendments
1(1)Subject to the provisions of this paragraph and to any limit imposed under the following provisions of this Schedule, for the purpose of its functions an NHS trust may borrow (both temporarily, by way of overdraft, and longer term) from the Secretary of State or from any other person.
(2)An NHS trust may not grant any security over any of its assets or in any other way use any of its assets as security for a loan.
(3)Except with the consent of the Secretary of State, an NHS trust may not borrow in any currency other than sterling; and the Secretary of State shall not give his consent to any such borrowing except with the approval of the Treasury.
(4)Interest on any sums borrowed from the Secretary of State by an NHS trust shall be paid at such variable or fixed rates and at such times as the Treasury may determine.
(5)A rate of interest under sub-paragraph (4) shall be determined as if section 5 of the M1National Loans Act 1968 had effect in respect of it and subsections (5) to (5B) of that section shall apply accordingly.
(6)Subject to sub-paragraphs (4) and (5), the terms on which any sums are borrowed from the Secretary of State by an NHS trust shall be such as he may determine; and, in the event of the early repayment of any sums so borrowed, such terms may require the payment of a premium or allow a discount.
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