Part 2

Health service bodies
Chapter 6

Miscellaneous

NHS trusts and foundation trusts: exemption from merger legislation

Exemption from Part 3 of the Enterprise Act 2002
72A
1
For the purposes of Part 3 of the Enterprise Act 2002 (mergers), a relevant merger situation is not to be treated as having been created where two or more relevant NHS enterprises cease to be distinct enterprises.
2
But subsection (1) does not apply to a case where two or more relevant NHS enterprises and one or more enterprises that are not relevant NHS enterprises cease to be distinct enterprises.
3
In this section “
relevant NHS enterprise
” means the activities, or part of the activities, of—
a
an NHS trust established under section 25;
b
an NHS foundation trust.
S. 72A and cross-heading inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 83(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)