21 February 2011,

CHP/LIFTCos - Transfer of PCT Estate

The Health and Social Care Bill 2011 confirms that the property of Primary Care Trusts may be transferred to a wide list of organisations.

This list includes NHS organisations (for example, the Secretary of State, NHS commissioning board, Monitor, CQC, Special Health Authority) and private sector providers. [Footnote - please refer to Schedule 21 of the Bill for this list.]

CHP and LIFT companies are specifically listed as possible recipients. This is because CHP LIFT companies are "qualifying companies" (companies formed for the purposes of LIFT). However, any company providing services to the health service will also qualify. This means that CHP is also a possible recipient of land. [Footnote - please refer to clause 274 of the Bill and paragraph 1273 of the Explanatory Notes to the Health and Social Care Bill]

Property will be transferred by way of a property transfer scheme either when a Primary Care Trust is abolished or if a Primary Care Trust's functions are changed.

If land is transferred to a qualifying company (such as LIFT company), the Secretary of State may also direct that company to exercise functions of the Secretary of State. This means that the Secretary of State may specify how the land is to be treated. [Footnote - please refer to clause 274 of the Bill and paragraph 1276 of the Explanatory Notes to the Health and Social Care Bill.]

For further information please contact Jason Marsh - j.marsh@communityhealthpartnerships.co.uk