Section 33 Applications by NHS trusts

England and Wales

(1)

An NHS trust may make an application to F1NHS England for authorisation to become an NHS foundation trust F2....

(2)

The application must—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

be accompanied by a copy of the proposed constitution of the NHS foundation trust,

and must give any further information which NHS England requires the applicant to give.

(3)

The applicant may modify the application with the agreement of NHS England at any time before authorisation is given under section 35.

(4)

Once an NHS trust has made the application—

(a)

the provisions of the proposed constitution which give effect to paragraphs 3 to 19 of Schedule 7 have effect, but only for the purpose of establishing the initial membership of the NHS foundation trust and of the F4council of governors, and the initial directors, and enabling the council of governors and board of directors to make preparations for the performance of their functions,

(b)

the NHS trust may do anything (including the things mentioned in paragraph 14 of Schedule 4) which appears to it to be necessary or expedient for the purpose of preparing it for NHS foundation trust status.

Annotations

Textual amendments

F1: Words in s. 33(1)-(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 11; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2: Words in s. 33(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 58(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: S. 33(2)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 159(2), 306(4); S.I. 2013/671, art. 2(3)
F4: Words in s. 33(4)(a) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(a), 306(4); S.I. 2012/1831, art. 2(2)