The government has published guidance to support the voluntary transfer of properties from NHS Property Services (NHSPS) to NHS Trusts and Foundation Trusts. Where employees are assigned to a specific property, the implications for staff transfers, under TUPE, are also covered.
This guidance sets out the basis on which Trusts may request transfers of property owned by NHSPS. It is intended to support local level decision-making and delivery, as well as productivity and the ambitions set out in the 10 Year Health Plan.
The transfer policy is expected to become an important part of accelerating the shift from hospital to community, providing integrated, preventative care within local neighbourhoods and maximising value for money from the NHS estate.
In scope
Only transfers to Trusts are in scope of this policy – not wholly-owned subsidiaries. However, Trusts may transfer property to a subco in according the with NHS England guidance on forming or changing a subsidiary.
Property owned by CHP (Community Health Partnerships) is not within scope of this policy, since CHP is developing a structured, co-ordinated and phased approach to lease expiries under NHS LIFT schemes and will engage directly with ICBs and local systems. ICBs are not in scope and nor are transfers to local authorities and general practices permitted.
