Section 56B SeparationsF1
An application may be made to F2NHS England by an NHS foundation trust for the dissolution of the trust and the establishment of two or more new NHS foundation trusts.
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 the applicant.
The application must, by reference to each of the proposed new trusts—
specify the property and liabilities proposed to be transferred to it;
be accompanied by a copy of its proposed constitution.
NHS England must grant the application if—
it is satisfied that such steps as are necessary to prepare for the dissolution of the trust and the establishment of each of the proposed new trusts have been taken, and
the Secretary of State approves the grant of the application,
and must otherwise refuse the application.
On the grant of the application, the proposed constitution of each of the new trusts has effect but, in the case of each of the new trusts, the proposed directors may exercise the functions of the trust on its behalf until a board of directors is appointed in accordance with the constitution.
Annotations
Textual amendments
- F1
S. 56B inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 170, 306(4); S.I. 2013/671, art. 2(3)
- F2
Words in s. 56B(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 21; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
- F3
S. 56B(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 65(4), 186(6); 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)