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Section 65KA NHS England’s decision in case of NHS foundation trustF1F2F6

England and Wales

(1)

Within the period of 20 working days beginning with the day on which F3NHS England receives a final report under section 65I relating to an NHS foundation trust, NHS England must decide whether it is satisfied—

(a)

that the action recommended in the final report would achieve the objective set out in section 65DA, and

(b)

that the trust special administrator has carried out the administration duties.

(2)

In subsection (1)(b), “administration duties” means the duties imposed on the administrator by—

(a)

this Chapter,

(b)

a direction under this Chapter, or

(c)

the administrator's terms of appointment.

(3)

If F4NHS England is satisfied as mentioned in subsection (1), it must as soon as reasonably practicable provide to the Secretary of State—

(a)

the final report, and

(b)

the report provided to NHS England by the Care Quality Commission under section 65D(3).

(4)

If NHS England is not satisfied as mentioned in subsection (1), it must as soon as reasonably practicable give a notice of that decision to the administrator.

(5)

Where NHS England gives a notice under subsection (4), sections 65F to 65J apply in relation to the trust to such extent, and with such modifications, as NHS England may specify in the notice.

(6)

F5NHS England must as soon as reasonably practicable after giving a notice under subsection (4)—

(a)

publish the notice;

(b)

lay a copy of it before Parliament.

Annotations

Textual amendments

F1

Pt. 2 Ch. 5A inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 16, 40(1); S.I. 2010/30, art. 3(a)

F2

Ss. 65KA-65KD inserted (27.3.2012 for specified purposes, 1.11.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 177(2), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)

F3

Words in s. 65KA(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 12(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4

Words in s. 65KA(3)-(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 12(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5

Words in s. 65KA(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 12(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6

Words in s. 65KA heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 12(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Notes on Action by the Secretary of State and NHS England

Textual amendments

F2

S. 65K cross-heading substituted (27.3.2012 for specified purposes, 1.11.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 177(7), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)

F3

Words in s. 65K cross-heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 10; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)