SCHEDULES

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

PART 2Consequential amendments

National Health Service Act 2006

I1I522

The National Health Service Act 2006 is amended as follows.

I2I623

In section 13Q (public involvement and consultation by NHS England), for subsection (4) substitute—

4

This section does not require NHS England to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before—

a

in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or

b

in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).

I3I724

In section 242 (public involvement and consultation by NHS trusts), for subsection (6) substitute—

6

This section does not require a body to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before—

a

in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or

b

in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).

I4I825Health and Social Care Act 2008

In section 29A of the Health and Social Care Act 2008 (warning notice: quality of health care), in subsection (5), for paragraph (b) substitute—

b

must consider in particular whether to require NHS England to make an order under section 65B(1) or 65D(2) of the National Health Service Act 2006 (appointment of trust special administrator).