Part 2Health service bodies

Chapter 5NHS foundation trusts

Functions

45Protection of property

1

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

2

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

3

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

4

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 43(5).

5

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

6

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