Part 2Health service bodies

Chapter 5NHS foundation trusts

Authorisation

36Effect of authorisation

1

On an authorisation being given to a body corporate which is an NHS trust—

a

it ceases to be an NHS trust and becomes an NHS foundation trust,

b

the proposed constitution has effect, and

c

any order under section 25(1) is revoked.

2

On an authorisation being given to a body corporate which is a public benefit corporation, it becomes an NHS foundation trust.

3

The authorisation is conclusive evidence that the body in question is an NHS foundation trust.

4

Subsections (1) to (3) do not affect the continuity of the body or of its property or liabilities (including its criminal liabilities).

5

The validity of any act of an NHS foundation trust is not affected by any vacancy among the directors or by any defect in the appointment of any director.

6

An NHS foundation trust must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and an NHS foundation trust’s property must not be regarded as property of, or property held on behalf of, the Crown.