National Health Service Act 2006

[F165LTrusts coming out of administrationE+W

[F2(1)Subsection (2) applies, in relation to an NHS trust, if NHS England and the Secretary of State both decide under section 65K not to dissolve the trust.

(2)NHS England must make an order specifying a date when the following come to an end—

(a)the appointment of the trust special administrator, and

(b)the suspension of the chair and directors of the trust.

(2A)Subsection (2B) applies, in relation to an NHS foundation trust, if—

(a)the Secretary of State decides under section 65KD(9) not to dissolve the trust, or

(b)the Secretary of State decides under section 65KB(1) or 65KD(1) that the Secretary of State is satisfied of the matters mentioned there, and the action recommended in the final report is to do something other than dissolve the trust.

(2B)NHS England must make an order specifying a date when the following come to an end—

(a)the appointment of the trust special administrator, and

(b)the suspension of the governors, chair and directors of the trust.]

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(6)Subsection (7) applies in the case of an NHS foundation trust.

(7)If it appears to [F5NHS England] to be necessary in order to comply with Schedule 7, [F5NHS England] may by order—

(a)terminate the office of any governor or of any executive or non-executive director of the trust;

(b)appoint a person to be a governor or an executive or non-executive director of the trust.]]

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)

F3S. 65L(3)-(5) omitted (27.3.2012 for specified purposes, 1.11.2012 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 177(4), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)

F4S. 65L(6)(7) inserted (27.3.2012 for specified purposes, 1.11.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 177(5), 306(1)(d)(4); S.I. 2012/2657, art. 2(2)