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Part 2E+WHealth service bodies

[F1Chapter 5AE+WTrust special administrators: NHS trusts and NHS foundation trusts

Textual Amendments

F1Pt. 2 Ch. 5A inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 16, 40(1); S.I. 2010/30, art. 3(a)

[F2Action by the Secretary of State and [F3NHS England]]E+W

Textual Amendments

F2S. 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)

[F465KA [F5NHS England’s] decision in case of NHS foundation trustE+W

(1)Within the period of 20 working days beginning with the day on which [F6NHS England] receives a final report under section 65I relating to an NHS foundation trust, [F6NHS England] must decide whether it is satisfied—

(a)that the action recommended in the final report would achieve the objective set out in section 65DA, and

(b)that the trust special administrator has carried out the administration duties.

(2)In subsection (1)(b), “administration duties” means the duties imposed on the administrator by—

(a)this Chapter,

(b)a direction under this Chapter, or

(c)the administrator's terms of appointment.

(3)If [F7NHS England] is satisfied as mentioned in subsection (1), it must as soon as reasonably practicable provide to the Secretary of State—

(a)the final report, and

(b)the report provided to [F7NHS England] by the Care Quality Commission under section 65D(3).

(4)If [F7NHS England] is not satisfied as mentioned in subsection (1), it must as soon as reasonably practicable give a notice of that decision to the administrator.

(5)Where [F7NHS England] gives a notice under subsection (4), sections 65F to 65J apply in relation to the trust to such extent, and with such modifications, as [F7NHS England] may specify in the notice.

(6)[F8NHS England] must as soon as reasonably practicable after giving a notice under subsection (4)—

(a)publish the notice;

(b)lay a copy of it before Parliament.]]

Textual Amendments

F4Ss. 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)