National Health Service Act 2006

[F1[F265KARegulator's decision in case of NHS foundation trustE+W

(1)Within the period of 20 working days beginning with the day on which the regulator receives a final report under section 65I relating to an NHS foundation trust, the regulator must decide whether it is satisfied—

(a)that the action recommended in the final report would achieve the objective set out in section 65DA, and

(b)that the trust special administrator has carried out the administration duties.

(2)In subsection (1)(b), “administration duties” means the duties imposed on the administrator by—

(a)this Chapter,

(b)a direction under this Chapter, or

(c)the administrator's terms of appointment.

(3)If the regulator is satisfied as mentioned in subsection (1), it must as soon as reasonably practicable provide to the Secretary of State—

(a)the final report, and

(b)the report provided to the regulator by the Care Quality Commission under section 65D(3).

(4)If the regulator is not satisfied as mentioned in subsection (1), it must as soon as reasonably practicable give a notice of that decision to the administrator.

(5)Where the regulator gives a notice under subsection (4), sections 65F to 65J apply in relation to the trust to such extent, and with such modifications, as the regulator may specify in the notice.

(6)The regulator must as soon as reasonably practicable after giving a notice under subsection (4)—

(a)publish the notice;

(b)lay a copy of it before Parliament.]]

Textual Amendments

F1Pt. 2 Ch. 5A inserted (15.2.2010) by Health Act 2009 (c. 21), ss. 16, 40(1); S.I. 2010/30, art. 3(a)

F2Ss. 65KA-65KD 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. 177(2), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)