Part 2Health service bodies

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

Action by the Secretary of State and the regulator

F265KBSecretary of State's response to regulator's decision

(1)

Within the period of 30 working days beginning with the day on which the Secretary of State receives the reports referred to in section 65KA(3), the Secretary of State must decide whether the Secretary of State is satisfied—

(a)

that the persons to which the NHS foundation trust in question provides services under this Act have discharged their functions for the purposes of this Chapter,

(b)

that the trust special administrator has carried out the administration duties (within the meaning of section 65KA(1)(b)),

(c)

that the regulator has discharged its functions for the purposes of this Chapter,

(d)

that the action recommended in the final report would secure the continued provision of the services provided by the trust to which the objective set out in section 65DA applies,

(e)

that the recommended action would secure the provision of services that are of sufficient safety and quality to be provided under this Act, and

(f)

that the recommended action would provide good value for money.

(2)

If the Secretary of State is not satisfied as mentioned in subsection (1), the Secretary of State must as soon as reasonably practicable—

(a)

give the trust special administrator a notice of the decision and of the reasons for it;

(b)

give a copy of the notice to the regulator;

(c)

publish the notice;

(d)

lay a copy of it before Parliament.