Part I The National Health Service: England and Wales

National Health Service trusts

8 Transfer of property, rights and liabilities to NHS trust.

1

The Secretary of State may by order transfer or provide for the transfer to an NHS trust, with effect from F1any date as may be specified in the order, of F1any of the property, rights and liabilities of a F2Strategic Health Authority,F3Health Authority, Special Health Authority F4, Primary Care Trust or Local Health Board or of the Secretary of StateF5. . . .

2

An order under this section may create or impose such new rights or liabilities in respect of what is transferred or what is retained by a F2Strategic Health Authority,F6Health Authority, Special Health Authority F4, Primary Care Trust or Local Health Board or the Secretary of State as appear to him to be necessary or expedient.

3

Nothing in this section affects the power of the Secretary of State or any power of a F2Strategic Health Authority,F6Health Authority, Special Health Authority F4, Primary Care Trust or Local Health Board to transfer property, rights or liabilities to an NHS trust otherwise than under subsection (1) above.

4

Stamp duty shall not be chargeable in respect of any transfer to an NHS trust effected by or by virtue of an order under this section.

5

Where an order under this section provides for the transfer—

a

of land held on lease from a third party, that is to say, a person other than the Secretary of State or a F2Strategic Health Authority,F6Health Authority, Special Health Authority F4, Primary Care Trust or Local Health Board, or

b

of any other asset leased or hired from a third party or in which a third party has an interest,

the transfer shall be binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.

F76

Any property, rights and liabilities which—

a

belong to, or are used or managed by, a F2Strategic Health Authority,Health Authority F8, Local Health Board or Special Health Authority or belong to a Primary Care Trust, and

b

are to be transferred to an NHS trust by or by virtue of an order under this section,

must be identified by agreement between the F2Strategic Health Authority, Health Authority, Special Health Authority F9, Primary Care Trust or Local Health Board and the NHS trust or, in default of agreement, by direction of the Secretary of State.

7

Where, for the purpose of a transfer pursuant to an order under this section, it becomes necessary to apportion any property, rights or liabilities, the order may contain such provisions as appear to the Secretary of State to be appropriate for the purpose; and where any such property or rights fall within subsection (5) above, the order shall contain such provisions as appear to the Secretary of State to be appropriate to safeguard the interests of third parties, including, where appropriate, provision for the payment of compensation of an amount to be determined in accordance with the order.

8

In the case of any transfer made by or pursuant to an order under this section, a certificate issued by the Secretary of State that any property specified in the certificate or any such interest in or right over any such property as may be so specified, or any right or liability so specified, is vested in the NHS trust specified in the order shall be conclusive evidence of that fact for all purposes.

9

Without prejudice to subsection (4) of section 126 of the principal Act, an order under this section may include provision for matters to be settled by arbitration by a person determined in accordance with the order.