Health and Social Care (Community Health and Standards) Act 2003

16 Protection of property

(1) An NHS foundation trust may not dispose of any protected property without the approval of the regulator.

Disposing of property includes disposing of part of it or granting an interest in it.

(2) Protected property is property of the trust designated as protected in its authorisation.

(3) The regulator may designate property as protected if it considers it is needed—

(a) for the purposes of any goods or services which the authorisation requires the trust to provide wholly or partly for the purposes of the health service in England, or

(b) for the purpose of doing anything which the trust is required to do under section 14(6).

(4) The regulator may give approval under subsection (1) on any terms it considers appropriate.

(5) An NHS foundation trust may not create a floating charge on its property.