National Health Service (Transfer of Local Authority Property - Change of Use and Exemption) (Scotland) Order 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/471 |
1974 No. 471 (S. 32)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (Transfer of Local Authority Property—Change of Use and Exemption) (Scotland) Order 197415thMarch 1974
27thMarch 1974
1stApril 1974
In exercise of the powers conferred on me by section 27(5)(b), (c) and (d) of the National Health Service (Scotland) Act 1972(a), and of all other powers enabling me in that behalf, I hereby make the following order:—
Citation, commencement and interpretation
1.—(1) This order may be cited as the National Health Service (Transfer of Local Authority Property—Change of Use and Exemption) (Scotland) Order 1974 and shall come into operation on 1st April 1974.
(2) In this Order:—
"the Act" means the National Health Service (Scotland) Act 1972;
"health functions" has the meaning assigned to it in section 27(1) of the Act;
"school health functions" has the meaning assigned to it in section 27(1) of the Act;
(3) Unless the context otherwise requires references in this order to any enactment shall be construed as references to that enactment as amended or re-enacted by any subsequent enactment;
(4) The Interpretation Act 1889(b) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.
Change of use
2.—(1) Where any property held on 20th January 1972 by a local health authority or by an education authority wholly or mainly for the purposes of their health functions or school health functions has undergone a change of use between 20th January 1972 and 1st April 1974 otherwise than in the ordinary course of business, the Secretary of State may determine that that property shall be transferred to the Secretary of State.
(2) The question whether any property has undergone a change of use in the ordinary course of business or otherwise shall, failing agreement between the Secretary of State and the authority concerned, be determined by a single arbiter agreed upon by the Secretary of State and that authority or, failing such agreement, appointed by the Lord President of the Court of Session on the application of any of the parties to the question.
(a) 1972 c. 58.
(b) 1889 c. 63.
Exemption of property from transfer
3.—(1) The Secretary of State may, after consultation with a local authority or an education authority, determine that any property to which the provisions of section 27(2) of the Act or of this order apply shall be exempted either temporarily or otherwise from these...
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