National Health Service (Scotland) Act, 1947 : 10 & 11 Geo. 6. Ch. 27.

  • Great Britain
Date:
1947]
Catalogue details

Licence: Public Domain Mark

Credit: National Health Service (Scotland) Act, 1947 : 10 & 11 Geo. 6. Ch. 27. Source: Wellcome Collection.

    16/90 (page 12)
    —contk. Cu. 27. National Health Service ro & 11 GEO. 6. (Scotland) Act, 1947. is | deemed for the purposes of this Part of this Act to be a right acquired solely for the purposes of carrying on the business. — of the voluntary hospital or, as the case may be, a right held by the local authority solely for the purposes of the hospital vested in them: Provided that, if the property to which the right relates was before the occurrence of the damage an endowment (within the meaning of section seven of this Act) of a voluntary hos- be deemed to be such an endowment. (7) For the purposes of section fourteen of the War Damage Act, 1943 (which relates to the compulsory acquisi- tion of partially damaged land) the transfer of any land under the foregoing provisions of this Part of this Act shall not be deemed to be the compulsory acquisition thereof. (8) Where any property was, at any time between the twenty-first day of March, nineteen hundred and forty-six and the appointed day, held or used by such persons and for such purposes as would result, but for anything done after the said date, in the transfer of the property to the Secretary of State or to a Board of Management under the foregoing pro- visions of this Part of this Act, and that property ceases to be so held or used before the appointed day, it shall neverthe- less be treated for the purposes of those provisions as if it had continued to be so held ‘or used until the appointed day, unless it is proved by a person whose interest in that property would be transferred to the Secretary of State or to a Board of Management under those provisions, that the fact that it was not so held or used immediately before the appointed day was due to something done or occurring in the ordinary course of | business, or was in no way connected with the said provisions. (9) Regulations may make such provision, supplementary to or consequential on the foregoing provisions of this Part of this Act relating to the transfer of property and liabilities, as appears to the Secretary of State to be necessary or ex- pedient, and in particular, but without prejudice to the gener- ality of this subsection, regulations may provide— (a) for the determination by arbitration, in default of agreement, of any question arising as to whether any pice or liability will be or has been transferred under the said provisions or as to the person to whom it will be or has been transferred; : (b) for the granting of the deeds required for the purposes of such transfer; and _ (c) for enabling pending proceedings relating to any transferred property or liabilities to be carried on.