Part 2Health service bodies

Chapter 5NHS foundation trusts

Authorisation

35Authorisation of NHS foundation trusts

1

The regulator may give an authorisation under this section—

a

to an NHS trust which has applied under section 33, 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 7 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 will 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 must 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—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 to apply to become members of that constituency,

e

any prescribed persons.

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 Chapter.