(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
F1Words in s. 35(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(2)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
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)
F3Words in s. 35(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 58(3), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Words in s. 35(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(2)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
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)
F6S. 35(2)(e) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 159(3), 306(4); S.I. 2013/671, art. 2(3)
F7Words in s. 35(2)(f) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F8Words in s. 35(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F9Words in s. 35(3)(a) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 83; S.I. 2009/462, art. 2(1), Sch. 1 para. 35(bb)
F10S. 35(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 159(5), 306(4); S.I. 2013/671, art. 2(3)
F11Words in s. 35(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F12S. 35(5)(a) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.
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)
F14Words in s. 35(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 12(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F15S. 35(7) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 159(5), 306(4); S.I. 2013/671, art. 2(3)