National Health Service Act 2006, Section 56B is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)An application may be made to [F2NHS England] by an NHS foundation trust for the dissolution of the trust and the establishment of two or more new NHS foundation trusts.
(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 the applicant.
(3)The application must, by reference to each of the proposed new trusts—
(a)specify the property and liabilities proposed to be transferred to it;
(b)be accompanied by a copy of its proposed constitution.
[F3(4)NHS England must grant the application if—
(a)it is satisfied that such steps as are necessary to prepare for the dissolution of the trust and the establishment of each of the proposed new trusts have been taken, and
(b)the Secretary of State approves the grant of the application,
and must otherwise refuse the application.]
(5)On the grant of the application, the proposed constitution of each of the new trusts has effect but, in the case of each of the new trusts, the proposed directors may exercise the functions of the trust on its behalf until a board of directors is appointed in accordance with the constitution.]
Textual Amendments
F1S. 56B inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 170, 306(4); S.I. 2013/671, art. 2(3)
F2Words in s. 56B(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 21; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
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