NHSScotland Property Transactions Handbook

CEL 8 (2011), issued in February 2011, notified NHS Boards of the publication of a revised edition of the NHSScotland Property Transactions Handbook. Further recent revisions have been necessary in order to align with the Scottish Public Finance Manual which has been updated as a result of Scottish Government legislative and policy changes. NHSScotland Bodies have been notified of these revisions via a Scottish Government letter, issued on 22 September 2015, a copy of which can be viewed via the link below NHSScotland Property Transactions Handbook: 2015 revisions notification letter In light of anticipated ongoing changes to the policy and legislative landscape, colleagues are advised to regularly check the Site Updates link and the website Change Log which will be updated as and when the Handbook undergoes further revision.

The NHSScotland Property Transactions Handbook is intended to ensure that NHS property is bought, sold and leased at a price and on other conditions which are the best obtainable for the public interest at that time.

The Handbook is intended to be a ready source of reference on Scottish Government Health and Social Care Directorates policy and related requirements, guidance thereon and on the more operational aspects of all heritable property transactions (with the exception of endowment property - see Management Section 2). It is intended to be informative and accessible.

NHSScotland Holding Bodies must ensure that their staff and external advisers are fully familiar with the contents of the Handbook, particularly when they are seeking advice on specific issues.

The Handbook is arranged in separate parts, each dealing with distinctive aspects:

• Overview (this page)

• A: Management

• B: Mandatory Requirements

• C: Procedures

• Annexes

All parts are also accessible from the navigation bar at page head.

In addition, a helpful Glossary is available in the Resources sidebar.

Note: NHSS Holding Bodies entering into joint premises provision should note that the accounting practices of Scottish Government and other public sector bodies, such as Local Authorities, differ. Early engagement and dialogue is therefore vital between all such parties entering into joint premises ventures which may involve property transactions.

Accountability

Primary day-to-day responsibility for ensuring that NHS property is bought, sold and leased at a price and on other conditions which are the best obtainable for the public interest at that time rests with the Chief Executive of the NHSScotland Holding Body. This is a significant responsibility and he/she is answerable to the Accountable Officer, to ensure that procedures are followed - and that it can be demonstrated, publicly if necessary, that the best obtainable outcome for the public interest has been achieved in every case.

Property transactions can attract considerable public interest and are subject to scrutiny by the Scottish Parliament.

It is essential that management of transactions is based upon best commercial practice informed by public accountability requirements. The Scottish Government Health and Social Care Directorates has overall responsibility for monitoring the property transactions work of NHSS Holding Bodies on behalf of Scottish Ministers. The Audit Committee of NHSS Holding Bodies is responsible for the oversight of the internal audit programme of post-transaction monitoring. They report to the Board of the NHSS Holding Body which, in turn, is responsible for submitting periodic reports to the Health and Social Care Directorates.

Holding Bodies
All NHSS Holding Bodies must follow the terms of this Handbook. NHSS Holding Bodies are required to notify certain property transactions to the Accountable Officer.

---