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.