Section 65D NHS foundation trusts: appointment of trust special administratorF1F21

This section applies if F3NHS England is satisfied that F4—

This section also applies if the Care Quality Commission—

F9NHS England may F10or, where this section applies as a result of subsection (1A), must make an order authorising the appointment of a trust special administrator to exercise the functions of the governors, chairman and directors of the trust.

Where NHS England is not required to make an order under this section as a result of subsection (1A), it may do so only if the Secretary of State has approved the making of the order.

As soon as reasonably practicable after the making of an order under subsection (2), the Care Quality Commission must provide to F12NHS England a report on the safety and quality of the services that the trust provides under this Act.

Before imposing a requirement as mentioned in subsection (1A)(c), the Care Quality Commission must—

Before making an order under this section in a case where it is not required to do so as a result of subsection (1A), NHS England must consult—

An order under subsection (2) must specify the date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the order is made.

F18NHS England must lay before Parliament (with the statutory instrument containing the order) a report stating the reasons for making the order.

If F19NHS England makes an order under subsection (2), it must—

A person appointed as a trust special administrator under this section holds and vacates office in accordance with the terms of the appointment.

A person appointed as a trust special administrator under this section must manage the trust's affairs, business and property, and exercise the trust special administrator's functions, so as to achieve the objective set out in section 65DA as quickly and as efficiently as is reasonably practicable.

When the appointment of a trust special administrator under this section takes effect, the trust's governors, chairman and executive and non-executive directors are suspended from office; and Chapter 5 of this Part, in its application to the trust, is to be read accordingly.

But subsection (10) does not affect the employment of the executive directors or their membership of any committee or sub-committee of the trust.

NHS England may pay remuneration and expenses to a trust special administrator appointed under this section.