(1)Where [F2NHS England] is satisfied that the governance of an NHS foundation trust is such that the trust will fail to comply with the conditions of its licence, [F2NHS England] may include in the licence such conditions relating to governance as it considers appropriate for the purpose of reducing that risk.
(2)The circumstances in which [F2NHS England] may be satisfied as mentioned in subsection (1) include circumstances where it is satisfied that the council of governors, the board of directors or the council of governors and board of directors taken together are failing—
(a)to secure compliance with conditions in the trust’s licence, or
(b)to take steps to reduce the risk of a breach of a condition in the trust’s licence.
[F3(2A)Where a warning notice under section 29A of the Health and Social Care Act 2008 is given to an NHS foundation trust, [F2NHS England] may include in the trust's licence such conditions as it considers appropriate in connection with the matters to which the notice relates.]
(3)A condition included under subsection (1) [F4or (2A)] has effect until this section ceases, by virtue of section 112, to have effect in relation to the trust.
(4)[F5NHS England] may modify a condition included under subsection (1) [F4or (2A)].
(5)Where [F5NHS England] is satisfied that the trust has breached or is breaching a condition included under subsection (1) [F4or (2A)], [F5NHS England] may by notice require the trust to—
(a)remove one or more of the directors or members of the council of governors and appoint interim directors or members of the council;
(b)suspend one or more of the directors or members of the council from office as a director or member for a specified period;
(c)disqualify one or more of the directors or members of the council from holding office as a director or member for a specified period.
(6)Where [F5NHS England] is satisfied that a person has failed or is failing to comply with a notice under subsection (5), [F5NHS England] may do one or more of the things which it may require the trust to do under that subsection.
(7)Subsection (5) does not prevent [F5NHS England] from exercising in relation to a condition included in a licence under subsection (1) [F6or (2A)] the powers conferred by sections 105 and 106 (breach of licence condition etc: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect).
(8)Where [F5NHS England] includes a condition under subsection (1) [F6or (2A)], it may also make such incidental or consequential modifications as it considers necessary or expedient of any other condition of the licence concerned which is affected.
(9)Where [F5NHS England] includes a condition under subsection (1) [F6or (2A)] by modifying a standard condition of the licence concerned, the modification does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.
(10)In this section, a reference to failing to discharge functions includes a reference to failing to discharge those functions properly.
(11)Omit section 52 of the National Health Service Act 2006 (failing NHS foundation trusts); and in consequence of that, omit—
(a)section 39(2)(f) of that Act (copy of notice under section 52 of that Act to be on register), and
(b)paragraph 22(1)(f) of Schedule 7 to that Act (copy of that notice to be available for public inspection).]
Textual Amendments
F1S. 111 repealed (coming into force as soon as there are no NHS foundation trusts in relation to which it has effect as a result of orders made under s. 112(1)-(4) of the amending Act or as soon as there are no such trusts in existence) by Health and Social Care Act 2012 (c. 7), ss. 112(5), 306(4); S.I. 2013/671, art. 2(3)
F2Words in s. 111(1)-(2A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 72; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3S. 111(2A) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 83(2), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)
F4Words in s. 111(3)-(5) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 83(3), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)
F5Words in s. 111(4)-(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 72; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6Words in s. 111(7)-(9) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 83(3), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)
Commencement Information
I1S. 111 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)