Section 37 Amendments of constitution

England and Wales

F1(1)

An NHS foundation trust may make amendments of its constitution F2only if—

(a)

more than half of the members of the council of governors of the trust voting approve the amendments, and

(b)

more than half of the members of the board of directors of the trust voting approve the amendments.

F3(2)

Amendments made under this section take effect as soon as the conditions in subsection (1)(a) and (b) are satisfied.

(3)

But an amendment is of no effect in so far as the constitution would, as a result of the amendment, not accord with Schedule 7.

(4)

The trust must inform F4NHS England of amendments made under this section; but F5NHS England’s functions do not include a power or duty to determine whether or not the constitution, as a result of the amendments, accords with Schedule 7.

Annotations

Textual amendments

F1: S. 37 renumbered as s. 37(1) (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 161(1), 306(4) (with s. 161(3)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2: Words in s. 37(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 161(1), 306(4) (with s. 161(3)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3: S. 37(2)-(4) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 161(2), 306(4) (with s. 161(3)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4: Words in s. 37(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 13(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5: Words in s. 37(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 13(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)