170Separations
After section 56A of the National Health Service Act 2006 insert—
“56BSeparations
(1)An application may be made to the regulator by an NHS foundation trust for the dissolution of the trust and the establishment of two or more new NHS foundation trusts.
(2)An application under this section may be made only with the approval of more than half of the members of the council of governors of the applicant.
(3)The application must, by reference to each of the proposed new trusts—
(a)specify the property and liabilities proposed to be transferred to it;
(b)be accompanied by a copy of its proposed constitution.
(4)The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the dissolution of the trust and the establishment of each of the proposed new trusts have been taken.
(5)On the grant of the application, the proposed constitution of each of the new trusts has effect but, in the case of each of the new trusts, the proposed directors may exercise the functions of the trust on its behalf until a board of directors is appointed in accordance with the constitution.”