35Authorisation of NHS foundation trustsE+W
(1)[NHS England] may give an authorisation under this section—
(a)to an NHS trust which has applied under section 33, ...
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
if [the Secretary of State approves the authorisation and] [NHS England] is satisfied as to the following matters.
(2)The matters are that—
(a)the applicant's constitution will be in accordance with Schedule 7 and will otherwise be appropriate,
(b)the applicant has taken steps to secure that (taken as a whole) the actual membership of any public constituency, and (if there is one) of the patients' constituency, will be representative of those eligible for such membership,
(c)there will be a [council of governors], and a board of directors, constituted in accordance with the constitution,
(d)the steps necessary to prepare for NHS foundation trust status have been taken,
[(e)the applicant will be able to provide goods and services for the purposes of the health service in England,]
(f)any other requirements which [NHS England] considers appropriate are met.
(3)In deciding whether it is satisfied as to the matters referred to in subsection (2)(e), [NHS England] must consider (among other things)—
(a)any report or recommendation in respect of the applicant made by [the Care Quality Commission],
(b)the financial position of the applicant.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)[NHS England] must not give an authorisation unless it is satisfied that the applicant has sought the views about the application of the following—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)individuals who live in any area specified in the proposed constitution as the area for a public constituency,
(c)any local authority that would be authorised by the proposed constitution to appoint a member of the [council of governors],
(d)if the proposed constitution provides for a patients' constituency, individuals who would be able to apply to become members of that constituency,
(e)any prescribed persons.
(6)If regulations make provision about consultation, [NHS England] may not give an authorisation unless it is satisfied that the applicant has complied with the regulations.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .