Modifications etc. (not altering text)
C1Sch. 4 modified (temp.) (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 76; S.I. 2015/841, art. 3(x)
28(1)The Secretary of State [F1or NHS England] may by order dissolve an NHS trust.E+W
[F2(1A)An order under this paragraph may be made by NHS England only with the approval of the Secretary of State.]
(2)An order under this paragraph may be made—
(a)on the application of the NHS trust concerned, or
(b)if the Secretary of State [F3or NHS England] considers it appropriate in the interests of the health service.
(3)Except where it appears to the Secretary of State [F4or NHS England] necessary to make an order under this paragraph as a matter of urgency [F5or where the order is made following the publication of a final report under section 65I(3)], no such order may be made until after the completion of such consultation as may be prescribed.
Textual Amendments
F1Words in Sch. 4 para. 28(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(a)(i), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Sch. 4 para. 28(1A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(a)(ii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in Sch. 4 para. 28(2)(b) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(a)(iii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Words in Sch. 4 para. 28(3) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(a)(iii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in Sch. 4 para. 28(3) inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 18(10), 40(1); S.I. 2010/30, art. 3(b)
29[F6(1)If an NHS trust is dissolved under paragraph 28, the Secretary of State or NHS England may by order transfer, or provide for the transfer of, the property and liabilities of the NHS trust to the Secretary of State or an NHS body; and such an order may include provisions corresponding to those of paragraph 9.]E+W
(2)The liabilities which may be transferred by virtue of sub-paragraph (1) to an NHS body include criminal liabilities.
(3)An order under this paragraph may make provision in connection with the transfer of staff employed by or for the purposes of the NHS trust which is dissolved; and such an order may include provisions corresponding to those of paragraph 8, including provision for the making of a scheme by such F7... Special Health Authority, Local Health Board or other body as may be specified in the order.
(4)No order may be made under this paragraph until after completion of such consultation as may be prescribed.
Textual Amendments
F6Sch. 4 para. 29(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7Words in Sch. 4 para. 29(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 22(9); S.I. 2013/160, art. 2(2) (with arts. 7-9)
30(1)If an NHS trust is dissolved under paragraph 28, the Secretary of State or such other NHS trust, F8... F9... Special Health Authority or Local Health Board as he [F10or NHS England] may direct must undertake the responsibility for the continued payment of any such pension, allowances or gratuities as, by virtue of paragraph 11(2) or paragraph 26, would otherwise have been the responsibility of the NHS trust which has been dissolved.E+W
(2)Sub-paragraph (1) does not affect the generality of paragraph 29.
Textual Amendments
F8Words in Sch. 4 para. 30(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 22(10)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F9Words in Sch. 4 para. 30(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 22(10)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F10Words in Sch. 4 para. 30(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(5)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
31E+W[F11Subject to section 56AA,] an NHS trust may not be dissolved or wound up except in accordance with paragraph 28 or section 57.
Textual Amendments
F11Words in Sch. 4 para. 31 inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 96(8), 115(7); S.I. 2015/994, art. 6(r)