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Health and Social Care (Community Health and Standards) Act 2003

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    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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