National Health Service Act 2006

[F1 65F Draft report E+W

(1) Within the period of [F2 65 working days] beginning with the day on which a trust special administrator's appointment takes effect, the administrator must provide to the Secretary of State and publish a draft report stating the action which the administrator recommends the Secretary of State should take in relation to the trust.

(2) When preparing the draft report, the administrator must consult—

[F3 (za) the Board,]

(a) F4 ... F5 ...

(b) any other person to which the trust provides goods or services under this Act and which the Secretary of State directs the administrator to consult [F6 , and

(c) the Care Quality Commission.]

(3) After receiving the draft report, the Secretary of State must lay it before Parliament.

[F7 (4) For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.

(5) In the case of an NHS foundation trust, the administrator may not provide the draft report to the regulator under subsection (1)—

(a) without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report [F8 —

(i) would achieve the objective set out in section 65DA(1)(a), and

(ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner,] or

(b) where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.

[F9 (5A) Nor, in the case of an NHS foundation trust, may the administrator provide the draft report to the regulator under subsection (1) without having obtained from the Care Quality Commission a statement that it considers that the recommendation in the draft report would achieve that part of the objective set out in section 65DA(1)(aa).]

(6) Where the Board [F10 or the Care Quality Commission] decides not to provide to the administrator a statement [F11 to the effect mentioned in subsection (5) or (5A)], the Board [F12 or (as the case may be) the Commission] must—

(a) give a notice of the reasons for its decision to the administrator and to the regulator;

(b) publish the notice;

(c) lay a copy of it before Parliament.

(7) In subsection (5), “commissioner” means a person to which the trust provides services under this Act.

[F13 (8) Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (5) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.

(9) A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (5) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.

(10) Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.]]]

Textual Amendments

F1 Pt. 2 Ch. 5A inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 16, 40(1); S.I. 2010/30, art. 3(a)

F2 Words in s. 65F(1) substituted (15.7.2014) by Care Act 2014 (c. 23), ss. 120(2), 127(1); S.I. 2014/1714, art. 3(2)(c)

F3 S. 65F(2)(za) inserted (27.3.2012 for specified purposes, 1.11.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 176(1)(a), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)

F4 S. 65F(2)(a) omitted (27.3.2012 for specified purposes, 1.11.2012 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 176(1)(b), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)

F5 Words in s. 65F(2) omitted (15.7.2014) by virtue of Care Act 2014 (c. 23), ss. 85(3)(a), 127(1); S.I. 2014/1714, art. 3(2)(b)

F6 s. 65F(2)(c) and preceding word inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 85(3)(b), 127(1); S.I. 2014/1714, art. 3(2)(b)

F7 S. 65F(4)-(7) inserted (27.3.2012 for specified purposes, 1.11.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 176(2), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)

F8 Words in s. 65F(5)(a) substituted (15.7.2014) by Care Act 2014 (c. 23), ss. 120(3), 127(1); S.I. 2014/1714, art. 3(2)(c)

F9 S. 65F(5A) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 85(5), 127(1); S.I. 2014/1714, art. 3(2)(b)

F10 Words in s. 65F(6) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 85(6)(a), 127(1); S.I. 2014/1714, art. 3(2)(b)

F11 Words in s. 65F(6) substituted (15.7.2014) by Care Act 2014 (c. 23), ss. 85(6)(b), 127(1); S.I. 2014/1714, art. 3(2)(b)

F12 Words in s. 65F(6) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 85(6)(c), 127(1); S.I. 2014/1714, art. 3(2)(b)

F13 S. 65F(8)-(10) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 120(4), 127(1); S.I. 2014/1714, art. 3(2)(c)