PART 1Health service in England: integration, collaboration and other changes
Competition
I2I183Mergers of providers: removal of CMA powers
1
After section 72 of the National Health Service Act 2006 insert—
NHS trusts and foundation trusts: exemption from merger legislation
72AExemption from Part 3 of the Enterprise Act 2002
1
For the purposes of Part 3 of the Enterprise Act 2002 (mergers), a relevant merger situation is not to be treated as having been created where two or more relevant NHS enterprises cease to be distinct enterprises.
2
But subsection (1) does not apply to a case where two or more relevant NHS enterprises and one or more enterprises that are not relevant NHS enterprises cease to be distinct enterprises.
3
In this section “relevant NHS enterprise” means the activities, or part of the activities, of—
a
an NHS trust established under section 25;
b
an NHS foundation trust.
2
Omit section 79 of the Health and Social Care Act 2012 (competition: mergers involving NHS foundation trusts).