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National Health Service Act 2006

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Changes over time for: Section 35

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Changes to legislation:

National Health Service Act 2006, Section 35 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

35Authorisation of NHS foundation trustsE+W

(1)[F1NHS England] may give an authorisation under this section—

(a)to an NHS trust which has applied under section 33, F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if [F3the Secretary of State approves the authorisation and] [F4NHS 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 [F5council 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,

[F6(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 [F7NHS England] considers appropriate are met.

(3)In deciding whether it is satisfied as to the matters referred to in subsection (2)(e), [F8NHS England] must consider (among other things)—

(a)any report or recommendation in respect of the applicant made by [F9the Care Quality Commission],

(b)the financial position of the applicant.

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F11NHS England] must not give an authorisation unless it is satisfied that the applicant has sought the views about the application of the following—

F12(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 [F13council 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, [F14NHS England] may not give an authorisation unless it is satisfied that the applicant has complied with the regulations.

F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 35(1)(b) and word omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 160(2), 306(4) (with s. 160(5)); S.I. 2012/1319, art. 2(3)

F5Words in s. 35(2)(c) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(a), 306(4); S.I. 2012/1831, art. 2(2)

F13Words in s. 35(5)(c) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(a), 306(4); S.I. 2012/1831, art. 2(2)

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