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

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This is the original version (as it was originally enacted).

6Transfer of certain property between Health Boards and NHS trusts

This section has no associated Explanatory Notes

(1)Any Trust property (including any value in lieu of the property) which—

(a)has been transferred to a Health Board by virtue of section 5; and

(b)relates to any service which it is the function of an NHS trust situated in the area of the Health Board to make arrangements for, administer or provide,

may, without prejudice to section 12D (transfer of property, rights and liabilities to NHS trusts) of the 1978 Act, be transferred by the Board to, and vested in, the NHS trust following any request for such a transfer as the trust may make.

(2)Any endowment held by an NHS trust may be transferred by the trust to, and vested in, any Health Board to such extent as the trust may determine.

(3)Where an endowment has been transferred by an NHS trust to a Health Board under subsection (2), the Health Board is to transfer it back to the trust within a reasonable time of any requirement for such a transfer as the trust may make; and any endowment so transferred vests in the NHS trust.

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