OpenLegislation

Section 65 NHS foundation trusts: mergers, acquisitions and separationsI1I2

England and Wales

(1)

The National Health Service Act 2006 is amended as follows.

(2)

In section 56 (mergers)—

(a)

in subsection (2), omit paragraph (a);

(b)

for subsection (4) substitute—

“(4)

NHS England must grant the application if—

(a)

it is satisfied that such steps as are necessary to prepare for the dissolution of the trusts and the establishment of the new trust have been taken, and

(b)

the Secretary of State approves the grant of the application,

and must otherwise refuse the application.”

(3)

In section 56A (acquisitions)—

(a)

in subsection (3), omit paragraph (a) and the “and” at the end;

(b)

for subsection (4) substitute—

“(4)

NHS England must grant the application if—

(a)

it is satisfied that such steps as are necessary to prepare for the acquisition have been taken, and

(b)

the Secretary of State approves the grant of the application,

and must otherwise refuse the application.”

(4)

In section 56B (separations), for subsection (4) substitute—

“(4)

NHS England must grant the application if—

(a)

it is satisfied that such steps as are necessary to prepare for the dissolution of the trust and the establishment of each of the proposed new trusts have been taken, and

(b)

the Secretary of State approves the grant of the application,

and must otherwise refuse the application.”

Annotations

Commencement

I1

S. 65 not in force at Royal Assent, see s. 186(6)

I2

S. 65 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)