- Latest available (Revised)
- Point in Time (01/09/2012)
- Original (As enacted)
Version Superseded: 01/04/2013
Point in time view as at 01/09/2012.
National Health Service Act 2006, Part 4 is up to date with all changes known to be in force on or before 11 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
24(1)The Secretary of State may by order (referred to in this paragraph and paragraph 25 as a transfer order)—E+W
(a)transfer (or provide for the transfer of) any of the property and liabilities of a health service authority to a Primary Care Trust,
(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 and liabilities which—
(a)belong to a health service authority other than the Secretary of State or are used or managed by a Strategic Health Authority, and
(b)will be transferred to a Primary Care Trust by or under a transfer order,
must be identified by agreement between the health service authority (or Strategic Health Authority) and the Primary Care Trust or, in default of agreement, by direction of the Secretary of State.
(3)Where a transfer order 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)“Third party” means a person other than a health service authority.
(5)In this paragraph and paragraph 25, “health service authority” means the Secretary of State, a Strategic Health Authority, a Primary Care Trust or an NHS trust.
25(1)Stamp duty is not chargeable in respect of any transfer to a Primary Care Trust effected by or under a transfer order.E+W
(2)Where it becomes necessary, for the purpose of a transfer by or under a transfer order, to apportion any property or liabilities, the order may contain such provisions as appear to the Secretary of State to be appropriate for the purpose.
(3)Where a transfer order transfers (or provides for the transfer of) any property or rights to which paragraph 24(3) applies, the order must contain such provisions as appear to the Secretary of State to be appropriate to safeguard the interests of third parties (within the meaning of that sub-paragraph), including, where appropriate, provision for the payment of compensation of an amount to be determined in accordance with the order.
(4)A certificate issued by the Secretary of State that—
(a)any specified property,
(b)any specified interest in or right over any property, or
(c)any specified right or liability,
has been vested in a Primary Care Trust by or under a transfer order is conclusive evidence of that fact for all purposes.
(5)“Specified” means specified in the certificate.
(6)A transfer order may include provision for matters to be settled by arbitration by a person determined in accordance with the order.
(7)Paragraph 24 and this paragraph do not affect—
(a)any existing power of a health service authority to transfer property or liabilities to a Primary Care Trust,
(b)the extent of the power conferred by section 272(8).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: