Search Legislation

Public Appointments and Public Bodies etc. (Scotland) Act 2003

Health Service Bodies

Section 5 – Property of the Scottish Hospital Trust

20.This section relates to the transfer of the endowments of the Scottish Hospital Trust to the fifteen Health Boards.

21.Subsection (1)provides for the transfer of all the property held by the Scottish Hospital Trust, endowments held by statute and other endowments transferred to the Scottish Hospital Trust (by, for example, Boards of Management, Regional Hospital Boards, Health Boards and NHS trusts) and any accumulated income thereof to be transferred to the Health Boards.

22.Subsection (2) enables the Scottish Ministers to make regulations providing for the division of property transferred from the Scottish Hospital Trust between different Health Boards and provides for any of the Scottish Hospital Trust property to be realised for value and for that value to be transferred.

23.Subsection (3) requires there to be consultation with the Scottish Hospital Trust and all the Health Boards and NHS trusts before regulations are made.

24.Subsection (4) provides for a Health Board to transfer property which has been transferred to it from the Scottish Hospital Trust on to another Health Board subject to conditions of transfer which the Scottish Ministers may provide for through regulations.

25.Subsection (5) provides for endowments transferred under subsection (4)to be transferred back to the Health Board within a reasonable time, if the relevant Health Board requires this.

26.Subsection (6) defines the expression ‘NHS trust’.

Back to top


Print Options


Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources