OpenLegislation

Section 35 Authorisation of NHS foundation trusts

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

F1NHS England may give an authorisation under this section—

(a)

to an NHS trust which has applied under section 33, F2...

(b)

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

if F3the Secretary of State approves the authorisation and F4NHS England is satisfied as to the following matters.

(2)

The matters are that—

(a)

the applicant's constitution will be in accordance with Schedule 7 and will otherwise be appropriate,

(b)

the applicant has taken steps to secure that (taken as a whole) the actual membership of any public constituency, and (if there is one) of the patients' constituency, will be representative of those eligible for such membership,

(c)

there will be a F5council of governors, and a board of directors, constituted in accordance with the constitution,

(d)

the steps necessary to prepare for NHS foundation trust status have been taken,

F6(e)

the applicant will be able to provide goods and services for the purposes of the health service in England,

(f)

any other requirements which F7NHS England considers appropriate are met.

(3)

In deciding whether it is satisfied as to the matters referred to in subsection (2)(e), F8NHS England must consider (among other things)—

(a)

any report or recommendation in respect of the applicant made by F9the Care Quality Commission,

(b)

the financial position of the applicant.

F10(4)

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

(5)

F11NHS England must not give an authorisation unless it is satisfied that the applicant has sought the views about the application of the following—

F12(a)

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

(b)

individuals who live in any area specified in the proposed constitution as the area for a public constituency,

(c)

any local authority that would be authorised by the proposed constitution to appoint a member of the F13council of governors,

(d)

if the proposed constitution provides for a patients' constituency, individuals who would be able to apply to become members of that constituency,

(e)

any prescribed persons.

(6)

If regulations make provision about consultation, F14NHS England may not give an authorisation unless it is satisfied that the applicant has complied with the regulations.

F15(7)

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

Annotations

Textual amendments

F1

Words in s. 35(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(2)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2

S. 35(1)(b) and word omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 160(2), 306(4) (with s. 160(5)); S.I. 2012/1319, art. 2(3)

F3

Words in s. 35(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(3), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4

Words in s. 35(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(2)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5

Words in s. 35(2)(c) 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)

F6

S. 35(2)(e) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 159(3), 306(4); S.I. 2013/671, art. 2(3)

F7

Words in s. 35(2)(f) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8

Words in s. 35(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9

Words in s. 35(3)(a) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 83; S.I. 2009/462, art. 2(1), Sch. 1 para. 35(bb)

F10

S. 35(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 159(5), 306(4); S.I. 2013/671, art. 2(3)

F11

Words in s. 35(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F12

S. 35(5)(a) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

F13

Words in s. 35(5)(c) 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)

F14

Words in s. 35(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F15

S. 35(7) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 159(5), 306(4); S.I. 2013/671, art. 2(3)