- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The regulator may give an authorisation under this section—
(a)to an NHS trust which has applied under section 4, or
(b)to a public benefit corporation,
if the regulator is satisfied as to the following matters.
(2)The matters are that—
(a)the applicant’s constitution will be in accordance with Schedule 1 and will otherwise be appropriate,
(b)the applicant has taken steps to secure that (taken as a whole) the actual membership of any public constituency, and (if there is one) of the patients' constituency, will be representative of those eligible for such membership,
(c)there will be a board of governors, and a board of directors, constituted in accordance with the constitution,
(d)the steps necessary to prepare for NHS foundation trust status have been taken,
(e)the applicant will be able to provide the goods and services which the authorisation is to require it to provide, and
(f)any other requirements which the regulator considers appropriate are met.
(3)In deciding whether it is satisfied as to the matters referred to in subsection (2)(e), the regulator is to consider (among other things)—
(a)any report or recommendation in respect of the applicant made by the Commission for Healthcare Audit and Inspection,
(b)the financial position of the applicant.
(4)The authorisation may be given on any terms the regulator considers appropriate.
(5)The regulator must not give an authorisation unless it is satisfied that the applicant has sought the views about the application of the following—
(a)if the applicant is an NHS trust, the Patients' Forum for the trust and the staff employed by the trust,
(b)individuals who live in any area specified in the proposed constitution as the area for a public constituency,
(c)any local authority that would be authorised by the proposed constitution to appoint a member of the board of governors,
(d)if the proposed constitution provides for a patients' constituency, individuals who would be able apply to become members of that constituency,
(e)any persons prescribed by regulations.
(6)If regulations make provision about consultation, the regulator may not give an authorisation unless it is satisfied that the applicant has complied with the regulations.
(7)The generality of the power in subsection (4) is not affected by the following provisions of this Part.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: