23(1)The powers of an NHS trust include power to enter into externally financed development agreements.
(2)For the purposes of this paragraph, an agreement is an externally financed development agreement if it is certified as such in writing by the Secretary of State.
(3)The Secretary of State may give a certificate under this paragraph if—
(a)in his opinion the purpose or main purpose of the agreement is the provision of facilities or services in connection with the discharge by the NHS trust of any of its functions, and
(b)a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.
(4)If an NHS trust enters into an externally financed development agreement it may also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in relation to the externally financed development agreement.
(5)“Another party” means any party to the agreement other than the NHS trust.
(6)The fact that an agreement made by an NHS trust has not been certified under this paragraph does not affect its validity.