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National Health Service Act 2006

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This is the original version (as it was originally enacted).

25(1)Stamp duty is not chargeable in respect of any transfer to a Primary Care Trust effected by or under a transfer order.

(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).

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