Part 2Health service bodies

F1Chapter 5ATrust special administrators: NHS trusts and NHS foundation trusts

Action by the Secretary of State and NHS England

F265KAF3NHS England’s decision in case of NHS foundation trust

(1)

Within the period of 20 working days beginning with the day on which F4NHS England receives a final report under section 65I relating to an NHS foundation trust, F4NHS England must decide whether it is satisfied—

(a)

that the action recommended in the final report would achieve the objective set out in section 65DA, and

(b)

that the trust special administrator has carried out the administration duties.

(2)

In subsection (1)(b), “administration duties” means the duties imposed on the administrator by—

(a)

this Chapter,

(b)

a direction under this Chapter, or

(c)

the administrator's terms of appointment.

(3)

If F5NHS England is satisfied as mentioned in subsection (1), it must as soon as reasonably practicable provide to the Secretary of State—

(a)

the final report, and

(b)

the report provided to F5NHS England by the Care Quality Commission under section 65D(3).

(4)

If F5NHS England is not satisfied as mentioned in subsection (1), it must as soon as reasonably practicable give a notice of that decision to the administrator.

(5)

Where F5NHS England gives a notice under subsection (4), sections 65F to 65J apply in relation to the trust to such extent, and with such modifications, as F5NHS England may specify in the notice.

(6)

F6NHS England must as soon as reasonably practicable after giving a notice under subsection (4)—

(a)

publish the notice;

(b)

lay a copy of it before Parliament.