Paragraph 28

England and Wales

(1)

The Secretary of State F1or NHS England may by order dissolve an NHS trust.

F2(1A)

An order under this paragraph may be made by NHS England only with the approval of the Secretary of State.

(2)

An order under this paragraph may be made—

(a)

on the application of the NHS trust concerned, or

(b)

if the Secretary of State F3or NHS England considers it appropriate in the interests of the health service.

(3)

Except where it appears to the Secretary of State F4or NHS England necessary to make an order under this paragraph as a matter of urgency F5or where the order is made following the publication of a final report under section 65I(3), no such order may be made until after the completion of such consultation as may be prescribed.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 28(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(a)(i), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2: Sch. 4 para. 28(1A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(a)(ii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: Words in Sch. 4 para. 28(2)(b) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(a)(iii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4: Words in Sch. 4 para. 28(3) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(a)(iii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5: Words in Sch. 4 para. 28(3) inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 18(10), 40(1); S.I. 2010/30, art. 3(b)

Notes on Schedule 4

Modifications

C1: Sch. 4 modified (temp.) (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 76; S.I. 2015/841, art. 3(x)