(1)This section applies where an NHS trust becomes an NHS foundation trust pursuant to section 36 of the National Health Service Act 2006 (effect of authorisation of NHS foundation trust).
(2)The NHS foundation trust is to be treated by Monitor as having—
(a)duly made an application for a licence under section 85, and
(b)met the criteria for holding a licence for the time being published under section 86.
(3)An NHS foundation trust in existence on the day on which this section comes into force is to be treated for the purposes of this section as having become an NHS foundation trust pursuant to section 36 of the National Health Service Act 2006 on that day.