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									1 - Example of schedules to transfer funds held on trust (not on the
SCHEDULE OF TRUST PROPERTY

Trust Property transferring from Full name of NHS                                                    Body
(as per Establishment Order, if applicable) or other                                                 NHS
Trustee

To Full name of NHS Body (as per Establishment Order, if applicable) or other NHS Trustee

By Order made under [see note iv to these schedules, and the appendix]

The trust property to transfer is that which is described in annex A as transferring to [name of body or
NHS trustee as above] and which at 31 March 20xx1 was valued at £xxxx [and includes the land and
buildings described in annex B to this schedule]2.

We the undersigned certify that this schedule and annex A2 [and annex B2] have been completed to the
best of our knowledge and belief. We accept that all transactions between the 31 March 20xx1 and the
coming into force of the transfer order will be reflected in the final balances. We agree that any
retrospective adjustment to the value due to audit or other causes is included.

[Alternative simpler wording for use only where all of the transferring trust’s property is to be transferred
to a single receiving body:
The trust property is all of the trust property held at the date of coming into force of the transfer order
[and includes the land and buildings described in the annex to this schedule]2.

We the undersigned certify that this schedule [and annex2] has been completed to the best of our
knowledge and belief.
In this case, annex A is not required, but may be included if wished. Annex B is always required if land
or property are involved in the transfer]

“The trust property to transfer is all of the trust property held at the date of coming into force of the
transfer order. That property as held at [Date of last audited accounts], is described in Annex A. On
that date it was valued at [£xxx,xxx ].

We the undersigned certify that this schedule and annex A have been completed to the best of our
knowledge and belief. We accept that all transactions between the [Date of last audited accounts] and
the coming into force of the transfer order will be reflected in the final balances, such that all of the trust
property held by [transferring body] as at the transfer date will transfer. We agree that any retrospective
adjustment to the value due to audit or other causes is included.”

Transferring body
Name of NHS Body (as per Establishment Order, if applicable) or other NHS Trustee




Chair / CE signature Date:


Receiving Body
Name of NHS Body (as per Establishment Order, if applicable) or other NHS Trustee




Chair/ CE signature         Date:
        1
Notes       date of the last audited accounts
2
    include or delete as appropriate
ANNEX A

Trust Property transferring from: Full name of NHS Body (as per Establishment Order, if
applicable) or other NHS Trustee

To Full name of NHS Body (as per Establishment Order, if applicable) or other NHS
Trustee

By Order made under [see note iv to these schedules]

Funds1              Balance at       Funds transferred to             Proportion
                    31st March [Full name of NHS Body (as per          of fund
                       20xx         Establishment Order, if
                                  applicable) or other NHS
                                           Trustee]

                          £                       £                        %

Restricted income
funds




Unrestricted
income funds




Endowment funds




TOTAL



Note 1 do not list designated (“earmarked”) funds separately
 Note: figures under the ‘balance’ column must match those in the last audited accounts and
should reflect all the funds held by the charity at that date.
Annex B

SCHEDULE OF TRUST PROPERTY LAND AND BUILDINGS

Trust Property transferring from: Full name of NHS Body (as per Establishment Order, if
applicable) or other NHS Trustee

To Full name of NHS Body (as per Establishment Order, if applicable) or other NHS
Trustee


By Order made under [see note iv to these schedules]

Land / property detail 1   Land Registry ref (where known)

Land / property detail 2   Land Registry ref (where known)

Land / property detail 3   Land Registry ref (where known)

etc



[This annex does not require to be completed if there is no land or buildings to transfer]
Notes

i      Separate schedules and annexes are required for the transfers between each transferring
       body and each receiving body.

ii.    No changes should be made to the wording of the schedules without the agreement of
       the Department’s solicitors.

iii.   Restricted funds may be assigned to a particular trustee or apportioned where
       appropriate. (For charitable trusts, the Charity Commission can advise if there is any
       doubt). General purpose funds will normally be apportioned on an agreed basis. The
       percentage should be entered as the basis for the final distribution of the audited
       balances.

iv.    At three points in the schedules, it is necessary to refer correctly to the legislative
       provisions under which the transfers are to be made. This varies with the circumstances
       of the transfer (see Appendix 2; use the first entry in that Appendix which applies to a
       specific transfer).
Appendix 2 - Powers to Transfer Trustee Funds between NHS Bodies

Circumstances                                          Statutory power, and wording to be
                                                       used in transfer order

transfer from a non dissolving PCT (and from           “By Order made under paragraph 9 of
a non dissolving Strategic Health Authority,           Schedule 4 to the National Health
Special Health Authority) to an NHS Trust:             Service Act 2006”
transfer from a dissolving NHS Trust:                  “By Order made under paragraph 29(1)
                                                       of Schedule 4 to the National Health
                                                       Service Act 2006”

transfer from a dissolving Primary Care Trust          “By Order made under paragraph 23(1)
                                                       of Schedule 3 to the National Health
                                                       Service Act 2006”

transfer on abolition of a Strategic Health            “By Order made under section 13(7) of
Authority                                              the National Health Service Act 2006”

transfer on abolition of a Special Health              “By Order made under section 28,
Authority                                              272(7) and (8) of the National Health
                                                       Service Act 2006”

transfer from an NHS Trust to separate (non-           “By Order made under paragraph 10(3)
corporate) trustees for that NHS Trust :               of Schedule 4 to the National Health
                                                       Service Act 2006”

transfer from a Primary Care Trust to                  “By Order made under paragraph 12(3)
separate (non-corporate) trustees for that             of Schedule 3 to the National Health
Primary Care Trust:                                    Service Act 2006”

transfer from an NHS Foundation Trust to               “By Order made under section 51(3) of
separate (non-corporate) trustees for that             the National Health Service Act 2006”
NHS Foundation Trust1
transfer resulting from any change or                  “By Order made under section 213 of
proposed change in the arrangements for the            the National Health Service Act 2006”
administration of a hospital or other
establishment or facility or in the area or
functions of any NHS body other than an
NHS foundation trust :

The Department can advise on the correct form to be used in cases of doubt, or in cases not
covered above.




1
 When a NHS Foundation Trust is authorised, any separate body of trustees appointed for the NHS trust
becomes a separate body of trustees for the NHS Foundation Trust without a separate Order by virtue of section
51(4) of the National Health Service Act 2006
Appendix 3 – Statement in support of transfer


NHS body/charity:

Name:

Role:

Transferring body:
Receiving body :

Statement
Type statement here…

The Chair of any NHS body or non-corporate Trustees involved in the transfer,
whether transferring or receiving them, should send a short statement, signed and
dated, in support of the transfer. This can be sent ahead of the signed schedule, at
the same time or shortly after.

Reason for transfer
The statement should include a brief description of the reasons for transferring the
funds (e.g. transfer of services, merger of bodies etc),

Approval of transfer
The decision to transfer, where appropriate the dates of any discussion at
board/committee level where the decision to transfer them was approved, and if any
alternative arrangements for managing the funds had been considered.

Details of Consultation
To be completed by the transferring body only. Where the transfer has involved the
transfer or reconfiguration of services, the Chair of the body transferring the services
should also include brief details of any consultation undertaken relating to the service
transfer itself, including the dates of the consultation.

This information will be used in the submission to Minister requesting approval for the
transfer and the explanatory memorandum that accompanies the published SI.




Signature                                               Date
Appendix 4 – Q&A on TCS
                                                                               Formatted: DH Secondary Heading One,
What notification should be given to the Charity Commission about the          Space Before: 6 pt

transfer of trusteeship of funds?
                                                                               Formatted: DH Secondary Heading One,
The Charity Commission should be informed, by the receiving body, of the       Space Before: 6 pt, After: 0 pt, Adjust space
                                                                               between Latin and Asian text, Adjust space
date of the funds transfer as soon as possible after it takes place. A short   between Asian text and numbers

note, including:
                                                                               Formatted: DH Secondary Heading One,
The name and date of the order which effected the transfer (and in the        Space Before: 6 pt, After: 0 pt

an order which is a statutory instrument, the number of that statutory         Formatted: Bullets and Numbering

instrument)
                                                                               Formatted: DH Secondary Heading One,
contact details at the receiving body                                         Space Before: 6 pt, After: 0 pt, Tab stops:
                                                                               Not at 1"


a copy of the transfer schedule, and

a list or table showing which registered charities previously held each of
the scheduled funds and (if known) to which charity the receiving body is
to allocate e.g. transferred fund.
                                                                               Formatted: DH Secondary Heading One,
should be sent to webscwliverpool@charitycommission.gsi.gov.uk. Attachments    Space Before: 6 pt, Adjust space between
                                                                               Latin and Asian text, Adjust space between
should be in Word or PDF formats. The Commission will advise on what           Asian text and numbers

steps are required to update the Register of Charities to reflect the change
of trusteeship.
                                                                               Formatted: DH Secondary Heading One
When do funds transfer?
                                                                               Formatted: DH Secondary Heading One,
Funds transfer on the date the transfer order comes into effect, whether the   Space Before: 6 pt, After: 0 pt

order is an SI or not. For transfers using transfer orders under the
transforming community services programme, this will probably be the day
that the services transfer to a NHS Trust.
                                                                               Formatted: DH Secondary Heading One,
Some PCTs hold funds on behalf of another NHS body – PCT, NHS Trust, or        Space Before: 6 pt

an NHS Foundation Trust. What happens when some of the charitable
funds relate to another NHS body?

If it is intended that the other bodies’ funds should also transfer, the PCT
which is holding the funds as trustee can transfer those funds to an NHS
Trust under the same general transfer order as other property under
paragraph 9 of Schedule 4 of the National Health Service Act 2006.
However, if they are omitted from that transfer order schedule, a separate
transfer can take place either under the same provisions or under section
213 of the National Health Service Act 2006 (based on a change in the
functions of the PCT).
                                                                               Formatted: DH Secondary Heading One,
If the funds relate to an FT, and the PCT and NHS Foundation Trust agree       Space Before: 6 pt, After: 0 pt

that an NHS Foundation Trust should manage the funds the transfer will
have to be performed by means of an order under section 213 (which will
be a statutory instrument), or by means of an order under paragraph 23 of
Schedule 3 to the National Health Service Act 2006 on the dissolution of the
PCT.
                                                                               Formatted: DH Secondary Heading One,
                                                                               Space Before: 6 pt



What happens if a PCT (from whom provider services are transferring) is
not the trustee of its funds, but instead another NHS body (an NHS Trust,
an NHS Foundation Trust or another PCT) manages the funds on the PCTs
behalf?

The funds must be transferred from the NHS body holding the funds (if any
transfer needs to occur) either by transfer order if this is possible or by
means of an order under section 213. The Charity Commission should also
be informed of the change.




What happens if the level of funds is not enough for a viable charity? Can
the funds transfer to a different NHS Trust in the same order that transfers
the property to the new NHS Trust?
                                                                               Formatted: DH Secondary Heading One,
The transfer order effects a transfer from the PCT, so it is possible to       Space Before: 6 pt, After: 0 pt

transfer to more than one NHS Trust on the same transfer order, however
separate transfer schedules would be required.
                                                                               Formatted: DH Secondary Heading One,
What happens if the funds relate to services that in future are not to be      Space Before: 6 pt

managed by an NHS body? e.g., transfer now to a non-NHS body or if in
future becomes a non-NHS body.
                                                                             Formatted: DH Secondary Heading One,
The Secretary of State has no powers under NHS legislation to transfer       Space Before: 6 pt, Adjust space between
                                                                             Latin and Asian text, Adjust space between
trust property to a non-NHS body. Where the funds relate to services         Asian text and numbers

provided by a non-NHS body they should continue to be held and managed
by the PCT trustee pending further policy guidance. The non-NHS body
may continue to benefit from grants for specific purposes as agreed by the
PCT trustee.
                                                                             Formatted: DH Secondary Heading One,
                                                                             Space Before: 6 pt, After: 0 pt

								
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