Section 57A DissolutionF1

(1)

An application may be made by an NHS foundation trust to F2NHS England for dissolution.

(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 the applicant.

(3)

F3NHS England must grant the application if it is satisfied that—

F4(a)

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

(b)

such steps as are necessary to prepare for the dissolution have been taken.

(4)

Where an application under this section is granted, F5NHS England must make an order—

(a)

dissolving the trust in question, and

(F6b)

transferring, or providing for the transfer of, the property and liabilities (including criminal liabilities) to another NHS foundation trust, an NHS trust established under section 25 or the Secretary of State.

(F75)

The order must include provision for the transfer of any employees of the NHS foundation trust that is dissolved.

Annotations

Textual amendments

F1: S. 57A inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 171, 306(4); S.I. 2013/671, art. 2(3)
F2: Words in s. 57A(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 23(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: Words in s. 57A(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 23(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4: S. 57A(3)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 66(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5: Words in s. 57A(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 23(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6: S. 57A(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 66(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7: S. 57A(5) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 66(c), 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)