SCHEDULES

SCHEDULE 8Trust special administrators: NHS trusts and NHS foundation trusts

PART 1Amendments about trust special administrators

I1I23

1

Section 65D (NHS foundation trusts: appointment of trust special administrator) is amended as follows.

2

In subsections (1) and (1A)(b) and (c), for “the regulator”, in each place it occurs, substitute “NHS England”.

3

In subsection (2), for “The regulator” substitute “NHS England”.

4

After subsection (2) insert—

2A

Where NHS England is not required to make an order under this section as a result of subsection (1A), it may do so only if the Secretary of State has approved the making of the order.

5

In subsection (3), for “the regulator” substitute “NHS England”.

6

In subsection (3A)—

a

in paragraph (a), for “the regulator” substitute “NHS England”;

b

in paragraph (b), omit sub-paragraph (ii) (but not the “and” at the end).

7

For subsection (4) substitute—

4

Before making an order under this section in a case where it is not required to do so as a result of subsection (1A), NHS England must consult—

a

the trust,

b

any person to which the trust provides services under this Act and which NHS England considers it appropriate to consult, and

c

the Care Quality Commission.

8

In subsection (6), for “The regulator” substitute “NHS England”.

9

In subsection (7), for “the regulator” substitute “NHS England”.

10

For subsection (12) substitute—

12

NHS England may pay remuneration and expenses to a trust special administrator appointed under this section.