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(1)Section 44 of the National Health Service Act 2006 (c. 41) (private health care) is amended as follows.
(2)In subsection (2)—
(a)after “not greater than” insert “— (a)”;
(b)at the end insert “, or
(b)in the case of a mental health foundation trust designated under subsection (2A), that proportion or 1.5% if greater.”
(3)After subsection (2) insert—
“(2A)An authorisation of an NHS foundation trust which was an NHS trust must designate it as a mental health foundation trust for the purposes of this section if it appears to the regulator that it provides goods or services only or mainly for the prevention, diagnosis or treatment of any disorder or disability of the mind or for the benefit in any other way of people suffering from a disorder or disability of the mind.”
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