National Health Service Act 2006

[F1 Supplementary E+W

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)

65M Replacement of trust special administrator E+W

(1) If a trust special administrator ceases to hold office for any reason before the Secretary of State has made either an order under section 65L(2) or an order dissolving the trust, the Secretary of State must—

(a) appoint another person as the trust special administrator, and

(b) publish the name of the person appointed.

(2) Where a person is appointed under subsection (1) in relation to a trust, anything done by or in relation to a previous trust special administrator has effect as if done by or in relation to that person, unless the Secretary of State directs otherwise.

[F2 (3) For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.]

Textual Amendments

F2 S. 65M(3) inserted (1.11.2012) by Health and Social Care Act 2012 (c. 7), ss. 178(1), 306(4); S.I. 2012/2657, art. 2(2)

65N Guidance E+W

(1) The Secretary of State must publish guidance for trust special administrators.

[F3 (1A) It must, in so far as it applies to NHS trusts, include guidance about—

(a) seeking the support of commissioners for an administrator's recommendation;

(b) involving the Board in relation to finalising an administrator's report or draft report.]

(2) It must include guidance about the publication of notices under sections 65H and 65J.

[F4 (2A) It must include guidance about the publication of—

(a) notices under section 65KC(4)(a);

(b) statements under section 65KC(4)(b).]

(3) It must include guidance about the preparation of draft reports, as to—

(a) persons to be consulted;

(b) factors to be taken into account;

(c) relevant publications.

[F5 (3A) Before publishing guidance under this section, the Secretary of State must consult the Care Quality Commission.]

[F6 (4) For the purposes of this section in its application to cases of NHS foundation trusts, [F7 the references in subsections (1) and (3A) to the Secretary of State are to be read as references] to the regulator.]

Textual Amendments

F3 S. 65N(1A) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 120(14), 127(1); S.I. 2014/1714, art. 3(2)(c)

F4 S. 65N(2A) inserted (1.11.2012) by Health and Social Care Act 2012 (c. 7), ss. 178(2), 306(4); S.I. 2012/2657, art. 2(2)

F5 S. 65N(3A) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 84(6), 127(1); S.I. 2014/1714, art. 3(2)(a)

F6 S. 65N(4) inserted (1.11.2012) by Health and Social Care Act 2012 (c. 7), ss. 178(3), 306(4); S.I. 2012/2657, art. 2(2)

F7 Words in s. 65N(4) substituted (15.7.2014) by Care Act 2014 (c. 23), ss. 84(7), 127(1); S.I. 2014/1714, art. 3(2)(a)

65O Interpretation of this Chapter E+W

[F8 (1)] In this Chapter—

• “trust special administrator” means a person appointed under section 65B(6)(a)[F9 , section 65D(2)] or section 65M(1)(a);

• “working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.]

[F10 (2) The references in this Chapter to taking action in relation to an NHS trust include a reference to taking action, including in relation to another NHS trust or an NHS foundation trust, which is necessary for and consequential on action taken in relation to that NHS trust.

(3) The references in this Chapter to taking action in relation to an NHS foundation trust include a reference to taking action, including in relation to another NHS foundation trust or an NHS trust, which is necessary for and consequential on action taken in relation to that NHS foundation trust.]

Textual Amendments

F8 S. 65O(1): s. 65O renumbered as s. 65O(1) (15.7.2014) by Care Act 2014 (c. 23), ss. 120(1), 127(1); S.I. 2014/1714, art. 3(2)(c)

F9 Words in s. 65O inserted (1.11.2012) by Health and Social Care Act 2012 (c. 7), ss. 178(4), 306(4); S.I. 2012/2657, art. 2(2)

F10 S. 65O(2)(3) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 120(1), 127(1); S.I. 2014/1714, art. 3(2)(c)