Health and Care Act 2022 (c. 31)

SCHEDULES

SCHEDULE 8 E+W Trust special administrators: NHS trusts and NHS foundation trusts

PART 2 E+W Consequential amendments

National Health Service Act 2006 E+W

22 The National Health Service Act 2006 is amended as follows.

Commencement Information

I1 Sch. 8 para. 22 not in force at Royal Assent, see s. 186(6)

I2 Sch. 8 para. 22 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

23 In section 13Q (public involvement and consultation by NHS England), for subsection (4) substitute—

“(4) This section does not require NHS England to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before—

(a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or

(b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).”

Commencement Information

I3 Sch. 8 para. 23 not in force at Royal Assent, see s. 186(6)

I4 Sch. 8 para. 23 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

24 In section 242 (public involvement and consultation by NHS trusts), for subsection (6) substitute—

“(6) This section does not require a body to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before—

(a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or

(b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).”

Commencement Information

I5 Sch. 8 para. 24 not in force at Royal Assent, see s. 186(6)

I6 Sch. 8 para. 24 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2008 E+W

25 In section 29A of the Health and Social Care Act 2008 (warning notice: quality of health care), in subsection (5), for paragraph (b) substitute—

“(b) must consider in particular whether to require NHS England to make an order under section 65B(1) or 65D(2) of the National Health Service Act 2006 (appointment of trust special administrator).”

Commencement Information

I7 Sch. 8 para. 25 not in force at Royal Assent, see s. 186(6)

I8 Sch. 8 para. 25 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)