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Brechin Healthcare Group: decision letter from Minister for Public Finance, Planning and Community Wealth

A letter of decision from Tom Arthur, Minister for Public Finance, Planning and Community Wealth to Reverend Grahame Lockhart, chair of the Brechin Healthcare Group.


Brechin Infirmary and Field: asset transfer appeal

Dear Reverend Lockhart,

I refer to Brechin Healthcare Group’s application for appeal under section 85 of the Community Empowerment (Scotland) Act 2015 (the “Act”) relating to the asset transfer request in respect of the Brechin Infirmary and Field from NHS Tayside made under Part 5 of the Act. In line with Scottish Government guidance, Scottish Ministers appointed an independent Reporter to consider the case and report to them.

The Reporter took account of an asset transfer request from Brechin Healthcare Group dated 17 January 2020 and NHS Tayside’s decision to refuse the request on 30 June 2021. The Reporter considered key documents associated with all aspects of this process, and assessed the request against criteria set out in section 82(3) of the Act, Scottish Government National Outcomes, best value themes and matters relating to assessment of outcomes.

I would like to thank Brechin Healthcare Group for working with the Reporter during this process, and providing him with necessary information including an accompanied site inspection in connection with the appeal.

This work has now concluded and I have been provided with the Reporter’s final report of the Brechin Infirmary site, outlining his findings and conclusion.

Scottish Ministers accept the findings and recommendations of the Reporter, and for the reasons set out in his report, dismiss the appeal and refuse the asset transfer request.

We will publish the attached report provided to Scottish Ministers by the Reporter, and this will be made publically available on the Scottish Government’s Community Empowerment website within one week of the date of this letter.

Individuals unhappy with the decision made by Scottish Ministers may be able apply to the Court of Session, Parliament House, Parliament Square, Edinburgh, EH1 1RQ for a judicial review. An application for judicial review must be sought within 3 months of the appeal decision. The Scottish Ministers decision can only be challenged on a point of law and you might want to take legal advice before considering this option.

For more information on challenging decisions made by Ministers please see gov.scot.

Tom Arthur

Minister for Public Finance, Planning, and Community Wealth

Copied to: Ms Margaret Dunning, Board Secretary, NHS Tayside

Contact

T: 0300 244 4000

E: scottish.ministers@gov.scot

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