Section 65LA Trusts to be dissolvedF1 F2

England and Wales

(1)

This section applies if—

(a)

the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1), and

(b)

the action recommended in the final report is to dissolve the NHS foundation trust in question.

(2)

This section also applies if the Secretary of State decides under section 65KD(9) to dissolve the NHS foundation trust in question.

(3)

F3NHS England may make an order—

(a)

dissolving the trust, and

(b)

transferring, or providing for the transfer of, the property and liabilities of the trust F4—

(i)

to an NHS body;

(ii)

to the Secretary of State;

(iii)

between more than one NHS body or between one or more NHS bodies and the Secretary of State.

(4)

An order under subsection (3) may include provision for the transfer of employees of the trust.

(5)

The liabilities that may be transferred F5to an NHS body by virtue of subsection (3)(b) include criminal liabilities.

Annotations

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. 65LA 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(6), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)
F3: Words in s. 65LA(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 17; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4: Words in s. 65LA(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 96(6), 115(7); S.I. 2015/994, art. 6(r)
F5: Words in s. 65LA(5) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 96(7), 115(7); S.I. 2015/994, art. 6(r)

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)