Removal of powers to appoint trustees

Removal of Secretary of State's powers to appoint trustees
1
1
In the National Health Service Act 2006 (“the 2006 Act”) omit the following provisions—
a
section 51 (foundation trusts: trust funds and trustees),
b
section 212 (special trustees for a university hospital or teaching hospital),
c
paragraph 11 of Schedule A1 (the National Health Service Commissioning Board: trust funds and trustees) and the italic heading before that paragraph,
d
paragraph 15 of Schedule 1A (clinical commissioning groups: trust funds and trustees) and the italic heading before that paragraph, and
e
paragraph 9 of Schedule 6 (Special Health Authorities: trust funds and trustees).
2
The Secretary of State may by regulations made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of subsection (1).
3
The provision that may be made by regulations under subsection (2) includes—
a
different provision for different purposes,
b
transitional, transitory or saving provision,
c
incidental or supplementary provision, and
d
provision amending, repealing or revoking any primary or subordinate legislation.
4
Subject to subsection (5), a statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
5
Subsection (4) does not apply to a statutory instrument falling within subsection (6).
6
A statutory instrument containing regulations under subsection (2) which amend or repeal primary legislation (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
7
In subsection (3)(d) the reference to subordinate legislation includes subordinate legislation made after the passing of this Act.
8
In this section—
- “primary legislation” means—
  1. an Act of Parliament, or
  2. a Measure or Act of the National Assembly for Wales, and
- “subordinate legislation” means—
  1. subordinate legislation within the meaning of the Interpretation Act 1978, and
  2. subordinate legislation made under a Measure or Act of the National Assembly for Wales.
9
Schedule 1 makes consequential amendments.
S. 1(1)-(8) in force at 17.6.2021 by S.I. 2021/712, reg. 3(a)
S. 1(9) in force at 17.6.2021 for specified purposes by S.I. 2021/712, reg. 3(a)