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Contents and Glossary (PDF 35K)
A: Management (PDF 85K)
This Section of the Handbook covers the Procedures to be followed in complying with the Mandatory Requirements of the Handbook.
The aim of the Procedures is to ensure that NHSScotland buys, sells, leases or excambs property at a price and on other conditions which are the best obtainable for the public interest at that time. It is essential that holding bodies are able to demonstrate publicly if need be that this aim has been achieved in every case.
To ensure that value for money is achieved and that high standards of propriety are maintained, there should be proper supervision of staff and clear separation of responsibilities particularly in relation to the valuation and disposal process.
Joint development vehicles may also be considered where unfavourable market conditions militate against conventional methods of disposal. Such vehicles would however have to provide the best value for money option and meet standard requirements with regard to propriety and safeguarding the public interest.
Note: If considering a Special Purpose Vehicle (SPV) it is imperative that the detailed guidance linked below (SPV Guide) is followed. Further advice should be sought from Scottish Government Procurement and Commercial Directorate, Property Division.
The Public Bodies (Joint Working) (Scotland) Act 2014 allows the formation of a wider range of joint venture structures and to form joint ventures for a wider range of purposes than at present.
The Act is intended to deliver opportunities for more effective use of public services and resources by the integration of health and social care and by the delegation of functions. Health Boards will be able to contract on behalf of other Health Boards for contracts that involve providing facilities and to collaborate effectively with Local Authorities to enable a joint approach to asset management and disposal.
Integration through the delegation of functions can be established by one of two methods:
Under the Act, it is up to Health Boards and Local Authorities to agree which approach is best suited for local needs.
Section 66 of the Public Bodies (Joint Working) (Scotland) Act 2014 amends Section 84B of the National Health Service (Scotland) Act 1978 covering joint ventures. The amendment enables Scottish Ministers to form, participate in, transfer assets to or invest in, any type of body corporate. This includes Limited Liability Partnerships and Scottish Charitable Incorporated Organisations.
This amendment also allows such bodies corporate to be used for the purpose of management, development or disposal of assets and permits Scottish Ministers to prescribe additional purposes for which bodies corporate may be used in future, as a means of avoiding statutory difficulties associated with the emergence of further innovative ways of achieving best value in the delivery of health services.
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