National Health Service Act 2006

35Authorisation of NHS foundation trustsE+W

(1)[F1NHS England] may give an authorisation under this section—

(a)to an NHS trust which has applied under section 33, F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if [F3the Secretary of State approves the authorisation and] [F4NHS England] 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 [F5council 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,

[F6(e)the applicant will be able to provide goods and services for the purposes of the health service in England,]

(f)any other requirements which [F7NHS England] considers appropriate are met.

(3)In deciding whether it is satisfied as to the matters referred to in subsection (2)(e), [F8NHS England] must consider (among other things)—

(a)any report or recommendation in respect of the applicant made by [F9the Care Quality Commission],

(b)the financial position of the applicant.

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F11NHS England] must not give an authorisation unless it is satisfied that the applicant has sought the views about the application of the following—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F13council 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, [F14NHS England] may not give an authorisation unless it is satisfied that the applicant has complied with the regulations.

F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 35(1)(b) and word omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 160(2), 306(4) (with s. 160(5)); S.I. 2012/1319, art. 2(3)

F5Words in s. 35(2)(c) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(a), 306(4); S.I. 2012/1831, art. 2(2)

F13Words in s. 35(5)(c) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 151(9)(a), 306(4); S.I. 2012/1831, art. 2(2)