Section 65L Trusts coming out of administrationF1

England and Wales

(F21)

Subsection (2) applies, in relation to an NHS trust, if NHS England and the Secretary of State both decide under section 65K not to dissolve the trust.

(2)

NHS England must make an order specifying a date when the following come to an end—

(a)

the appointment of the trust special administrator, and

(b)

the suspension of the chair and directors of the trust.

(2A)

Subsection (2B) applies, in relation to an NHS foundation trust, if—

(a)

the Secretary of State decides under section 65KD(9) not to dissolve the trust, or

(b)

the Secretary of State decides under section 65KB(1) or 65KD(1) that the Secretary of State is satisfied of the matters mentioned there, and the action recommended in the final report is to do something other than dissolve the trust.

(2B)

NHS England must make an order specifying a date when the following come to an end—

(a)

the appointment of the trust special administrator, and

(b)

the suspension of the governors, chair and directors of the trust.

F3(3)

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(4)

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(5)

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(F46)

Subsection (7) applies in the case of an NHS foundation trust.

(7)

If it appears to F5NHS England to be necessary in order to comply with Schedule 7, NHS England may by order—

(a)

terminate the office of any governor or of any executive or non-executive director of the trust;

(b)

appoint a person to be a governor or an executive or non-executive director of the trust.

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: S. 65L(1)-(2B) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 16(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: S. 65L(3)-(5) omitted (27.3.2012 for specified purposes, 1.11.2012 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 177(4), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)
F4: S. 65L(6)(7) 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(5), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)
F5: Words in s. 65L(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 16(3); 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)