Part 2Health service bodies
F1Chapter 5ATrust special administrators: NHS trusts and NHS foundation trusts
F2Action by the Secretary of State and F6NHS England
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)
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)
65LAF3Trusts to be dissolved
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
F7NHS 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.
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)