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Part 2E+WHealth service bodies

Chapter 5E+WNHS foundation trusts

[F1Mergers, acquisitions and separations]E+W

Textual Amendments

F1S. 56 cross-heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 172(9), 306(4); S.I. 2013/671, art. 2(3)

[F256AAcquisitionsE+W

(1)An application may be made jointly by—

(a)an NHS foundation trust (A), and

(b)another NHS foundation trust or an NHS trust established under section 25 (B),

to [F3NHS England] for the acquisition by A of B.

(2)An application under this section may be made only with the approval of more than half of the members of the council of governors of each applicant (that is an NHS foundation trust).

(3)The application must—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)be accompanied by a copy of the proposed constitution of A, amended on the assumption that A acquires B.

[F5(4)NHS England must grant the application if—

(a)it is satisfied that such steps as are necessary to prepare for the acquisition have been taken, and

(b)the Secretary of State approves the grant of the application,

and must otherwise refuse the application.]

[F6(4A)Where [F7NHS England] proposes to grant the application, it may by order make provision for the transfer of employees of B to A on the grant of the application.]

(5)On the grant of the application, the proposed constitution has effect, but where a person who is specified as a director of A in the constitution has yet to be appointed as such, the directors of A may exercise that person's functions under the constitution.]

Textual Amendments