Section 56AA Acquisitions under section 56A: supplementaryF1

(1)

On the grant of an application under section 56A—

(a)

any order made by F2NHS England under section 56A(4A) takes effect,

(b)

the property and liabilities of the acquired NHS foundation trust or NHS trust are transferred to the acquiring NHS foundation trust (other than rights and liabilities which may be dealt with by order under section 56A(4A)),

(c)

the acquired NHS foundation trust or NHS trust is dissolved, and

(d)

where the acquired trust is an NHS trust, the NHS trust order establishing it is revoked.

(2)

So far as may be necessary for the purposes of subsection (1)(b)—

(a)

anything done before the grant of the application by or in relation to the acquired trust is to be treated (on and after the grant) as having been done by or in relation to the acquiring trust;

(b)

any reference in a document to the acquired trust is to be read as a reference to the acquiring trust.

(3)

Anything (including legal proceedings) that, immediately before the grant of the application, is in the process of being done by or in relation to the acquired trust may continue to be done afterwards by or in relation to the acquiring trust.

(4)

In subsection (1)—

(a)

“liabilities” includes criminal liabilities;

(b)

“property” includes trust property.

Annotations

Textual amendments

F1: S. 56AA inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 96(3), 115(7); S.I. 2015/994, art. 6(r)
F2: Words in s. 56AA(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 20; 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)