National Health Service and Community Care Act 1990

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

(1) The Secretary of State may by order transfer or provide for the transfer to an NHS trust, with effect from [F1 any] date as may be specified in the order, of [F1 any] of the property, rights and liabilities of a [F2 Strategic Health Authority,][F3 Health 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 [F2 Strategic Health Authority,][F6 Health 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 [F2 Strategic Health Authority,][F6 Health 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 [F2 Strategic Health Authority,][F6 Health 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.

[F7 (6) Any property, rights and liabilities which—

(a) belong to, or are used or managed by, a [F2 Strategic 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 [F2 Strategic 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.

Textual Amendments

F1 Words in s. 8(1) substituted (1.11.1999 for W. and 4.1.2000 for E.) by 1999 c. 8, s. 65, Sch. 4 para. 79(1)(2)(a); S.I. 1999/2342, art. 2(3), Sch. 2; S.I. 1999/3184 art. 2(1), Sch. 1

F2 Words in s. 8 inserted (1.10.2002) by 2002 c. 17, ss. 1(3), 42(3), Sch. 1 Pt. 2 para. 42; S.I. 2002/ 2478, art. 3(1)(c) (with art. 3(3) and transitional provision in art. 4)

F3 Words in s. 8(1) substituted (4.1.2000 for E. and otherwise in force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act))) by the Health Act 1999 (c. 8), ss. 65(1), 67(1), Sch. 4 paras. 74, 79(1)(2)(b); S.I. 1999/2342, {art. 2(3), Sch. 2}; S.I. 2006/1407, arts. 1(1)(2), Sch. 1 Pt. 2 {para. 6(b)}

F4 Words in s. 8(1)(2)(3)(5) substituted (10.10.2002 for W. and otherwise in force immediately before the National Health Service Act 2006 (c. 41) (which Act came into force on 1.3.2007 in accordance with s. 227(1) (subject to s. 277(2)-(5) of that Act))) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 32(a); S.I. 2002/2532, art. 2, Sch; S.I. 2006/1407, arts. 1(1), 2, Sch. 1 Pt. 2 {para. 12(c)}

F5 Words in s. 8(1) omitted (4.1.2000 for E.) and repealed (1.4.2000 for E.W.) by 1999 c. 8, ss. 65(1)(2), 67(1), Sch. 4 paras. 74, 79(1)(2)(c); Sch. 5; S.I. 1999/2342, art. 2(3), Sch. 2; S.I. 2000/1041, art. 2(d) Sch.

F6 Words in s. 8(2)(3)(5) substituted (4.1.2000 for E. and otherwise in force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act))) by the Health Act 1999 (c. 8), ss. 65(1), 67(1), Sch. 4 paras. 74, 79(1)(3); S.I. 1999/2342, art. 2(3), Sch. 2; S.I. 2006/1407, arts. 1(1)(2), Sch. 1 Pt. 2 {para. 6(b)}

F7 S. 8(6) substituted (4.1.2000 for E. and otherwise in force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act))) by the Health Act 1999 (c. 8), ss. 65(1), 67(1), Sch. 4 paras. 74, 79(1)(4); S.I. 1999/2342, art. 2(3), Sch. 2; S.I. 2006/1407, arts. 1(1)(2), Sch. 1 Pt. 2 {para. 6(b)}

F8 Words in s. 8(6)(a) inserted (10.10.2002 for W. and otherwise in force immediately before the National Health Service Act 2006 (c. 41) (which Act came into force on 1.3.2007 in accordance with s. 227(1) (subject to s. 277(2)-(5) of that Act))) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 32(b)(i); S.I. 2002/2532, art. 2, Sch; S.I. 2006/1407, arts. 1(1), 2, Sch. 1 Pt. 2 {para. 12(c)}

F9 Words in s. 8(6) substituted (10.10.2002 for W. and otherwise in force immediately before the National Health Service Act 2006 (c. 41) (which Act came into force on 1.3.2007 in accordance with s. 227(1) (subject to s. 277(2)-(5) of that Act))) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 32(b)(ii); S.I. 2002/2532, art. 2, Sch; S.I. 2006/1407, arts. 1(1), 2, Sch. 1 Pt. 2 {para. 12(c)}