Section 56A AcquisitionsF1

England and Wales

(1)

An application may be made jointly by—

(a)

an NHS foundation trust (A), and

(b)

another NHS foundation trust or an NHS trust established under section 25 (B),

to F2NHS England for the acquisition by A of B.

(2)

An application under this section may be made only with the approval of more than half of the members of the council of governors of each applicant (that is an NHS foundation trust).

(3)

The application must—

F3(a)

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

(b)

be accompanied by a copy of the proposed constitution of A, amended on the assumption that A acquires B.

(F44)

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.

(F54A)

Where F6NHS England proposes to grant the application, it may by order make provision for the transfer of employees of B to A on the grant of the application.

(5)

On the grant of the application, the proposed constitution has effect, but where a person who is specified as a director of A in the constitution has yet to be appointed as such, the directors of A may exercise that person's functions under the constitution.

Annotations

Textual amendments

F1: S. 56A inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 169, 306(4); S.I. 2013/671, art. 2(3)
F2: Words in s. 56A(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 19(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: S. 56A(3)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 65(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4: S. 56A(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 65(3)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5: S. 56A(4A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 96(2), 115(7); S.I. 2015/994, art. 6(r)
F6: Words in s. 56A(4A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 19(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Notes on Mergers, acquisitions and separations

Textual amendments

F1: S. 56 cross-heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 172(9), 306(4); S.I. 2013/671, art. 2(3)