Textual Amendments
F1Pt. 2 Ch. 5A inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 16, 40(1); S.I. 2010/30, art. 3(a)
(1)Within the period of 45 working days beginning with the day on which a trust special administrator's appointment takes effect, the administrator must provide to the Secretary of State and publish a draft report stating the action which the administrator recommends the Secretary of State should take in relation to the trust.
(2)When preparing the draft report, the administrator must consult—
[F2(za)the Board,]
(a)F3... and
(b)any other person to which the trust provides goods or services under this Act and which the Secretary of State directs the administrator to consult.
(3)After receiving the draft report, the Secretary of State must lay it before Parliament.
[F4(4)For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.
(5)In the case of an NHS foundation trust, the administrator may not provide the draft report to the regulator under subsection (1)—
(a)without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report would achieve the objective set out in section 65DA, or
(b)where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.
(6)Where the Board decides not to provide to the administrator a statement to that effect, the Board must—
(a)give a notice of the reasons for its decision to the administrator and to the regulator;
(b)publish the notice;
(c)lay a copy of it before Parliament.
(7)In subsection (5), “commissioner” means a person to which the trust provides services under this Act.]]
Textual Amendments
F2S. 65F(2)(za) inserted (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. 176(1)(a), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)
F3S. 65F(2)(a) omitted (27.3.2012 for specified purposes, 1.11.2012 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 176(1)(b), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)
F4S. 65F(4)-(7) inserted (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. 176(2), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)