Commentary on Sections
Part 1 – Nhs Foundation Trusts
Functions
Section 17: Financial powers
87.This section gives NHS foundation trusts powers to borrow money, subject to the prudential borrowing limit calculated according to the code set under section 12.
88.Subsections (4) and (5) give NHS foundation trusts financial and investment powers for the purposes of their functions, including powers to invest money, form subsidiaries and enter into joint ventures.
89.In addition, subsection (6) allows NHS foundation trusts to give financial assistance to anyone in connection with their functions. The powers are however, potentially subject to any terms of the authorisation set by the Independent Regulator.
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