PART 4NHS foundation trusts & NHS trusts

Mergers, acquisitions, separations and dissolution

172Supplementary

I11

In section 57 of the National Health Service Act 2006 (mergers: supplementary), in subsection (1)—

a

for “an authorisation is given under section 56” substitute “an application is granted under section 56 or 56B”, and

b

at the end insert “or trusts”.

I12

In subsection (2) of that section—

a

for “such an authorisation is given, the Secretary of State” substitute “such an application is granted, the regulator”, and

b

in paragraph (a), after “dissolving the” insert “trust or”, and

c

in paragraph (b), at the end insert “or trusts”.

I13

After that subsection insert—

2A

An order under section 56 or 56B is conclusive evidence of incorporation and conclusive evidence that the corporation is an NHS foundation trust.

I24

In subsection (3)(a) of that section, for “section 54(3)” substitute “section 54(4)”.

5

In subsection (4) of that section—

I1a

for “section 56(1) and (2)” substitute “sections 56(2) and 56B(3)”, and

I2b

for “section 54(4)(a) to (c)” substitute “section 54(4)(a) or (c)”.

I26

In subsection (5) of that section, after “section 56” insert “or 56A”.

I27

Omit subsection (6) of that section.

I28

For the title to that section substitute “Sections 56 to 56B: supplementary”.

I29

For the cross-heading preceding section 56 of that Act substitute “Mergers, acquisitions and separations”.

I210

In section 64 of that Act (orders and regulations under Chapter 5 of Part 2 of that Act), in subsection (4)—

a

omit the “or” following paragraph (b), and

b

after paragraph (c), insert

, or

d

section 57A.

I211

After that subsection insert—

4A

The Statutory Instruments Act 1946 applies in relation to the power of the regulator to make an order under section 57 or 57A as if the regulator were a Minister of the Crown.

I212

In section 271(3)(b) of that Act (territorial limit of exercise of functions under Chapter 5), for “Part 1” substitute “Part 2”.