OpenLegislation

Section 65KD Secretary of State's response to re-submitted final reportF1F2

England and Wales

(1)

Within the period of 30 working days beginning with the day on which the Secretary of State receives a final report under section 65KA(3) as applied by section 65KC(2), the Secretary of State must decide whether the Secretary of State is, in relation to the report, satisfied as to the matters in section 65KB(1)(a) to (f).

(2)

If the Secretary of State is not satisfied as mentioned in subsection (1), the Secretary of State must as soon as reasonably practicable—

(a)

publish a notice of the decision and the reasons for it;

(b)

lay a copy of the notice before Parliament.

(3)

Where the Secretary of State publishes a notice under subsection (2)(a), subsections F3(5), (6) and F4(8A) apply.

F5(4)

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

(F65)

If the notice states that an integrated care board has failed to discharge a function—

(a)

the board is to be treated for the purposes of this Act as having failed to discharge the function,

(b)

the Secretary of State may exercise the functions of NHS England under section 14Z61(2), (3)(a) and (5)(a), and

(c)

NHS England may not exercise any of its functions under section 14Z61.

(6)

Where, by virtue of subsection (5)(b), the Secretary of State exercises the function of NHS England under section 14Z61(3)(a), the integrated care board to which the direction is given must cooperate with the Secretary of State.

F7(7)

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

F8(8)

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

(F98A)

If the notice states that the Care Quality Commission has failed to discharge a function—

(a)

the Care Quality Commission is to be treated for the purposes of this Act as having failed to discharge the function, and

(b)

the failure is to be treated for those purposes as significant (and section 82 of the Health and Social Care Act 2008 applies accordingly).

(9)

Within the period of 60 working days beginning with the day on which the Secretary of State publishes a notice under subsection (2)(a), the Secretary of State must decide what action to take in relation to the trust.

(10)

The Secretary of State must as soon as reasonably practicable—

(a)

publish a notice of the decision and the reasons for it;

(b)

lay a copy of the notice 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. 65KD(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 15(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4

Word in s. 65KD(3) substituted (15.7.2014) by Care Act 2014 (c. 23), ss. 85(13), 127(1); S.I. 2014/1714, art. 3(2)(b)

F5

S. 65KD(4) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 15(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6

S. 65KD(5)(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 15(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7

S. 65KD(7) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 15(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8

S. 65KD(8) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 15(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9

S. 65KD(8A) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 85(14), 127(1); S.I. 2014/1714, art. 3(2)(b)

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)