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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)
(1)The Secretary of State may make an order authorising the appointment of a trust special administrator to exercise the functions of the chairman and directors of an NHS trust to which this Chapter applies.
(2)An order may be made under subsection (1) only if the Secretary of State considers it appropriate in the interests of the health service.
(3)The order must specify the date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the order is made.
(4)Before making the order the Secretary of State must consult—
(a)the trust,
(b)any Strategic Health Authority in whose area the trust has hospitals, establishments or facilities, and
(c)any other person to which the trust provides goods or services under this Act and which the Secretary of State considers it appropriate to consult.
(5)The Secretary of State must lay before Parliament (with the statutory instrument containing the order) a report stating the reasons for making the order.
(6)If an order is made under subsection (1), the Secretary of State must—
(a)appoint a person as the trust special administrator with effect from the day specified in the order, and
(b)publish the name of the person appointed.
(7)A person appointed as a trust special administrator holds and vacates office in accordance with the terms of the appointment.
(8)The Secretary of State may pay remuneration and expenses to a trust special administrator.
(1)When the appointment of a trust special administrator takes effect, the trust's chairman and executive and non-executive directors are suspended from office.
(2)Subsection (1) does not affect the employment of the executive directors or their membership of any committee or sub-committee of the trust.]
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