National Health Service (Scotland) Act 1978

[F1 Joint ventures S

Textual Amendments

F1 S. 84B and cross-heading inserted (S.) (17.10.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 37(1), 43(3); S.S.I. 2005/492, art. 3(a), Sch. 1

84B Joint ventures S

(1) The Scottish Ministers may do any (or all) of the following—

(a) form or participate in forming [F2 bodies corporate] to provide facilities or services for persons or groups of persons exercising functions, or otherwise providing services, under this Act;

(b) participate in [F2 bodies corporate] providing facilities or services for persons or groups of persons falling within paragraph (a);

(c) with a view to securing or facilitating the provision by [F2 bodies corporate] of facilities or services for persons or groups of persons falling within paragraph (a)—

(i) invest in the [F2 bodies corporate] (whether by acquiring assets, securities or rights or otherwise);

(ii) provide loans and guarantees and make other kinds of financial provision to or in respect of them.

[F3 (1A) The Scottish Ministers may do any (or all) of the following—

(a) form or participate in forming bodies corporate for any of the purposes mentioned in subsection (1B),

(b) participate in bodies corporate formed for any of those purposes,

(c) with a view to securing or facilitating any of the purposes for which such a body corporate is formed—

(i) transfer, or secure the transfer, to the body corporate of heritable or moveable property held by the Scottish Ministers, a Health Board, the Common Services Agency for the Scottish Health Service (“the Agency”) or Healthcare Improvement Scotland (“HIS”) under or by virtue of, or for the purposes of, this Act and any rights, liabilities or obligations relating to the property,

(ii) otherwise invest in the body corporate (whether by acquiring assets, securities or rights or otherwise),

(iii) provide loans and guarantees and make other kinds of financial provision to or in respect of the body corporate.

(1B) The purposes are—

(a) management or development of any heritable property held by the Scottish Ministers, a Health Board, the Agency or HIS under or by virtue of, or for the purposes of, this Act,

(b) management of any moveable property so held,

(c) disposal of any such heritable or moveable property.]

(2) For the purpose of subsection (1), it is immaterial that the facilities or services provided or to be provided by a [F4 body corporate] are not provided or to be provided—

(a) only to persons or groups of persons exercising functions, or otherwise providing services, under this Act; or

(b) to such persons or groups of persons only in that capacity.

[F5 (2A) The Scottish Ministers may—

(a) form or participate in forming bodies corporate for a prescribed purpose,

(b) participate in bodies corporate formed for a prescribed purpose.

(2B) A purpose prescribed under subsection (2A) must relate to the functions conferred on the Scottish Ministers by or under this Act.]

(3) In this section—

• “ companies ” means companies [F6 as defined in section 1(1) of the Companies Act 2006 ] ;

• “ facilities ” includes the provision of (or the use of) premises, goods, equipment, materials, vehicles, plant or apparatus. ]

Textual Amendments

F2 Words in s. 84B(1) substituted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 66(a), 72(2); S.S.I. 2014/231, art. 2

F3 S. 84B(1A)(1B) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 66(b), 72(2); S.S.I. 2014/231, art. 2

F4 Words in s. 84B(2) substituted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 66(c), 72(2); S.S.I. 2014/231, art. 2

F5 S. 84B(2A)(2B) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 66(d), 72(2); S.S.I. 2014/231, art. 2

F6 Words in s. 84B(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 1(2), 2(1), Sch. 1 para. 39

Modifications etc. (not altering text)

C1 S. 84B applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))