Part 2

Health service bodies
Chapter 5A

Trust special administrators: NHS trusts and NHS foundation trusts
Action by the Secretary of State and
NHS England

NHS England’s decision in case of NHS foundation trust
65KA
1
Within the period of 20 working days beginning with the day on which
NHS England
receives a final report under section 65I relating to an
NHS
foundation trust,
NHS 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
NHS 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
NHS England
by the Care Quality Commission under section 65D(3).
4
If
NHS 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
NHS 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
NHS England
may specify in the notice.
6
NHS 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.
Pt. 2 Ch. 5A inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 16, 40(1); S.I. 2010/30, art. 3(a)
Words in s. 65KA(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 12(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 65KA(3)-(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 12(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Ss. 65KA-65KD 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. 177(2), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)
Words in s. 65K cross-heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 10; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 65KA heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 12(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 65KA(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 12(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
S. 65K cross-heading substituted (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. 177(7), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)