http://www.legislation.gov.uk/ukpga/2009/21/part/2/chapter/1/2024-02-28Health Act 2009An Act to make provision about The NHS Constitution; to make provision about health care (including provision about the National Health Service and health bodies); to make provision for the control of the promotion and sale of tobacco products; to make provision about the investigation of complaints about privately arranged or funded adult social care; and for connected purposes.texttext/xmlenStatute Law Database2024-05-16Expert Participation2024-02-28 Health Act 2009s. 2(6)(ca)Health and Care Act 2022Sch. 3 para. 57(b)s. 186(6)Health Act 2009s. 2(6)(ea)Health and Care Act 2022Sch. 3 para. 57(c)s. 186(6)Health Act 2009specified provision(s)The Health Act 2009 (Commencement No.3) (Amendment) Order 2011art. 2commencement order for 2009 c. 21 Part 2 Chapter 115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16After section 65 of the National Health Service Act 2006 (c. 41) insert—Chapter 5A65A1This Chapter applies to—aan NHS trust all or most of whose hospitals, establishments and facilities are in England;ban NHS foundation trust authorised under section 35 on an application under section 33;can NHS foundation trust established under section 56 to which subsection (2) applies.2This subsection applies to an NHS foundation trust if—aat least one of the trusts on whose application the NHS foundation trust was established was an NHS trust within subsection (1)(a) or an NHS foundation trust within subsection (1)(b), orbthe NHS foundation trust is the result of a succession of mergers under section 56, any of which involved an NHS trust within subsection (1)(a) or an NHS foundation trust within subsection (1)(b).65B1The Secretary of State may make an order authorising the appointment of a trust special administrator to exercise the functions of the chairman and directors of an NHS trust to which this Chapter applies.2An order may be made under subsection (1) only if the Secretary of State considers it appropriate in the interests of the health service.3The order must specify the date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the order is made.4Before making the order the Secretary of State must consult—athe trust,bany Strategic Health Authority in whose area the trust has hospitals, establishments or facilities, andcany other person to which the trust provides goods or services under this Act and which the Secretary of State considers it appropriate to consult.5The Secretary of State must lay before Parliament (with the statutory instrument containing the order) a report stating the reasons for making the order.6If an order is made under subsection (1), the Secretary of State must—aappoint a person as the trust special administrator with effect from the day specified in the order, andbpublish the name of the person appointed.7A person appointed as a trust special administrator holds and vacates office in accordance with the terms of the appointment.8The Secretary of State may pay remuneration and expenses to a trust special administrator.65C1When the appointment of a trust special administrator takes effect, the trust's chairman and executive and non-executive directors are suspended from office.2Subsection (1) does not affect the employment of the executive directors or their membership of any committee or sub-committee of the trust.65D1The regulator may give the Secretary of State a notice under this section if it is satisfied that—aan NHS foundation trust to which this Chapter applies is failing to comply with a notice under section 52, andbfurther exercise of the powers conferred by section 52 would not be likely to secure the provision of the goods and services which the trust's authorisation requires it to provide.2The notice must be in writing.3With the notice the regulator must give the Secretary of State a report stating the reasons why it is satisfied as mentioned in subsection (1).4Before giving a notice under this section, the regulator must consult first the Secretary of State and then—athe trust,bany Strategic Health Authority in whose area the trust has hospitals, establishments or facilities, andcany other person to which the trust provides goods or services under this Act and which the regulator considers it appropriate to consult.65E1If the regulator gives notice under section 65D in relation to a trust, the Secretary of State must make an order for it to cease to be an NHS foundation trust.2An order made under subsection (1) must specify the date when it is to take effect, which must be within the period of 5 working days beginning with the day on which it is made.3The Secretary of State must lay before Parliament (with the statutory instrument containing the order) the regulator's report under section 65D(3).4On an order under subsection (1) taking effect in relation to a body, it ceases to be an NHS foundation trust and a public benefit corporation and becomes a National Health Service trust.5Schedule 8A makes further provision about trusts in respect of which an order is made under subsection (1).6Where an order is made under subsection (1) in relation to a trust, the Secretary of State must also make an order under section 65B(1) authorising the appointment of a trust special administrator in relation to the trust.7The order under section 65B(1) must provide for the appointment to take effect at the same time as the order under this section.8Section 65B(2), (4) and (5) do not apply in relation to the order under section 65B(1).65F1Within the period of 45 working days beginning with the day on which a trust special administrator's appointment takes effect, the administrator must provide to the Secretary of State and publish a draft report stating the action which the administrator recommends the Secretary of State should take in relation to the trust.2When preparing the draft report, the administrator must consult—aany Strategic Health Authority in whose area the trust has hospitals, establishments or facilities, andbany other person to which the trust provides goods or services under this Act and which the Secretary of State directs the administrator to consult.3After receiving the draft report, the Secretary of State must lay it before Parliament.65G1At the same time as publishing a draft report under section 65F, a trust special administrator must publish a statement setting out the means by which the administrator will seek responses to the draft report.2The statement must specify a period of 30 working days within which the administrator seeks responses (the “consultation period”).3The first day of the consultation period must be within the period of 5 working days beginning with the day on which the draft report is published.65H1The following duties apply during the consultation period.2The trust special administrator must publish a notice stating that the administrator is seeking responses to the draft report and describing how people can give their responses.3A notice under subsection (2) must include details of how responses can be given in writing.4The trust special administrator must hold at least one meeting to seek responses from staff of the trust and from such persons as the trust special administrator may recognise as representing staff of the trust.5The trust special administrator must hold at least one other meeting to seek responses from any person who wishes to attend, after publishing notice of the date, time and place of the meeting.6Notices under subsections (2) and (5) must be published at least once in the first 5 working days of the consultation period.7The trust special administrator must request a written response from—aany Strategic Health Authority in whose area the trust has hospitals, establishments or facilities;bany other person to which the trust provides goods or services under this Act, if required by directions given by the Secretary of State;cany person within subsection (8), if required by directions given by the Secretary of State.8The persons within this subsection are—aan overview and scrutiny committee of any authority to which section 244 applies;ba committee of a local authority operating alternative arrangements under Part 2 of the Local Government Act 2000 which exercises functions corresponding to those of an overview and scrutiny committee under section 21(2)(f) of that Act;ca joint overview and scrutiny committee;da committee established under section 247(1);ea person carrying on, in pursuance of arrangements made by any local authority under subsection (1) of section 221 of the Local Government and Public Involvement in Health Act 2007, activities specified in subsection (2) of that section (local involvement networks);fthe member of Parliament for any constituency.9The trust special administrator must hold at least one meeting to seek responses from representatives of each of the persons from whom the administrator must request a written response under subsection (7)(a) or (b).10The Secretary of State may direct an administrator to—arequest a written response from any person;bhold a meeting to seek a response from any person.11In subsection (4) “staff of the trust” means persons employed by the trust or otherwise working for the trust (whether as or on behalf of a contractor, as a volunteer or otherwise).65I1Within the period of 15 working days beginning with the end of the consultation period, the trust special administrator must provide to the Secretary of State a final report stating the action which the administrator recommends that the Secretary of State should take in relation to the trust.2The administrator must attach to the final report a summary of all responses to the draft report which were received by the administrator in the period beginning with the publication of the draft report and ending with the last day of the consultation period.3After receiving the administrator's final report, the Secretary of State must publish it and lay it before Parliament.65J1This section applies to—athe duty of a trust special administrator to provide a draft report within the period specified in section 65F(1);bthe duty of a trust special administrator to consult in the consultation period specified under section 65G(2);cthe duty of a trust special administrator to provide a final report within the period specified in section 65I(1).2If the Secretary of State thinks it is not reasonable in the circumstances for the administrator to be required to carry out the duty within the specified period, the Secretary of State may by order extend the period.3If an order is made extending the period mentioned in subsection (1)(a) or (c) the trust special administrator must publish a notice stating the new date on which the period will expire.4If an order is made extending the period mentioned in subsection (1)(b) the trust special administrator must—apublish a notice stating the new date on which the period will expire, andbpublish a statement setting out the means by which the administrator will seek responses to the draft report during the extended consultation period.65K1Within the period of 20 working days beginning with the day on which the Secretary of State receives a final report under section 65I, the Secretary of State must decide what action to take in relation to the trust.2The Secretary of State must as soon as reasonably practicable—apublish a notice of the decision and of the reasons for it;blay a copy of the notice before Parliament.65L1This section applies if the Secretary of State decides under section 65K not to dissolve the trust.2The Secretary of State must make an order specifying a date when the appointment of the trust special administrator and the suspension of the chairman and directors of the trust come to an end.3Subsections (4) and (5) apply in the case of a trust which is an NHS trust by virtue of an order made under section 65E(1).4The Secretary of State must make an order specifying, in relation to the trust, the matters mentioned in paragraph 5(1)(a) to (c) of Schedule 4 and, where the trust has a significant teaching commitment, the matters mentioned in paragraph 5(1)(d).5If it appears to the Secretary of State to be necessary in order to comply with provision made under subsection (4), or made by regulations under paragraph 4 of Schedule 4, the Secretary of State may by order—aterminate the office of any executive or non-executive director of the trust;bappoint a person to be an executive or non-executive director of the trust.65M1If a trust special administrator ceases to hold office for any reason before the Secretary of State has made either an order under section 65L(2) or an order dissolving the trust, the Secretary of State must—aappoint another person as the trust special administrator, andbpublish the name of the person appointed.2Where a person is appointed under subsection (1) in relation to a trust, anything done by or in relation to a previous trust special administrator has effect as if done by or in relation to that person, unless the Secretary of State directs otherwise.65N1The Secretary of State must publish guidance for trust special administrators.2It must include guidance about the publication of notices under sections 65H and 65J.3It must include guidance about the preparation of draft reports, as to—apersons to be consulted;bfactors to be taken into account;crelevant publications.65OIn this Chapter—“trust special administrator” means a person appointed under section 65B(6)(a) or section 65M(1)(a);“working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.17After section 65O of the National Health Service Act 2006 (c. 41) (inserted by section 16) insert—Chapter 5B65P1The Secretary of State may give directions to a Primary Care Trust requiring the Primary Care Trust to appoint a trust special administrator to exercise on its behalf, to the extent, and subject to any conditions, specified in the directions, such provider functions of the Primary Care Trust as are specified in the directions.2Directions may be given under subsection (1) only if the Secretary of State considers it appropriate in the interests of the health service.3The directions must specify—athe date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the directions are given, andbthe name of the person to be appointed.4Before giving directions under subsection (1) the Secretary of State must consult—athe Primary Care Trust,bany Strategic Health Authority whose area includes any part of the Primary Care Trust's area, andcany other person to which the Primary Care Trust provides goods or services under this Act and which the Secretary of State considers it appropriate to consult.5The Secretary of State must lay before Parliament (with the instrument containing the directions) a report stating the reasons for giving the directions.6Where a person is appointed pursuant to directions under subsection (1), the Secretary of State must publish the name of the person appointed.7A person appointed as a trust special administrator holds and vacates office in accordance with the terms of the appointment.8Directions under subsection (1) may require the appointment to be on terms specified in the directions.9The Primary Care Trust may pay the trust special administrator remuneration and expenses in accordance with the terms of the appointment.10In this section “provider function” means—aany function of providing goods or services except to the extent that at the time of the appointment there are arrangements between the Primary Care Trust and another person or body under which the goods or services are, or are to be, provided by that person or body, andbany function that is not a function of providing goods or services but that may be exercised for the purposes of a function within paragraph (a).65Q1When the appointment of a trust special administrator takes effect, the relevant functions cease to be exercisable by any committee, sub-committee or officer of the Primary Care Trust by whom they were previously exercisable.2Subsection (1) does not affect the employment of any officer of the Primary Care Trust.3In this Chapter “relevant functions” means the functions of the Primary Care Trust exercisable by the trust special administrator.65R1Within the period of 45 working days beginning with the day on which a trust special administrator's appointment takes effect, the administrator must provide to the Secretary of State and publish a draft report stating the action which the administrator recommends the Secretary of State should take in relation to the performance of the relevant functions.2When preparing the draft report, the administrator must consult—aany Strategic Health Authority whose area includes any part of the Primary Care Trust's area, andbany other person to which the Primary Care Trust provides goods or services under this Act, if required by directions given by the Secretary of State.3After receiving the draft report, the Secretary of State must lay it before Parliament.65S1At the same time as publishing a draft report under section 65R, a trust special administrator must publish a statement setting out the means by which the administrator will seek responses to the draft report.2The statement must specify a period of 30 working days within which the administrator seeks responses (the “consultation period”).3The first day of the consultation period must be within the period of 5 working days beginning with the day on which the draft report is published.65T1The following duties apply during the consultation period.2The trust special administrator must publish a notice stating that the administrator is seeking responses to the draft report and describing how people can give their responses.3A notice under subsection (2) must include details of how responses can be given in writing.4The trust special administrator must hold at least one meeting to seek responses from relevant staff and from such persons as the trust special administrator may recognise as representing relevant staff.5The trust special administrator must hold at least one other meeting to seek responses from any person who wishes to attend, after publishing notice of the date, time and place of the meeting.6Notices under subsections (2) and (5) must be published at least once in the first 5 working days of the consultation period.7The trust special administrator must request a written response from—aany Strategic Health Authority in whose area any part of the Primary Care Trust's area falls;bany other person to which the Primary Care Trust provides goods or services under this Act, if required by directions given by the Secretary of State;cany person within section 65H(8), if required by directions given by the Secretary of State.8The trust special administrator must hold at least one meeting to seek responses from representatives of each of the persons from whom the administrator must request a written response under subsection (7)(a) and (b).9The Secretary of State may direct a trust special administrator to—arequest a written response from any person;bhold a meeting to seek a response from any person.10In subsection (4) “relevant staff” means persons employed by the trust or otherwise working for the trust (whether as or on behalf of a contractor, as a volunteer or otherwise), wholly or partly in connection with the relevant functions.65U1Within the period of 15 working days beginning with the end of the consultation period, the trust special administrator must provide to the Secretary of State a final report stating the action which the administrator recommends that the Secretary of State should take in relation to the performance of the relevant functions.2The administrator must attach to the final report a summary of all responses to the draft report which were received by the administrator in the period beginning with the publication of the draft report and ending with the last day of the consultation period.3After receiving the administrator's final report, the Secretary of State must publish it and lay it before Parliament.65V1This section applies to—athe duty of a trust special administrator to provide a draft report within the period specified in section 65R(1);bthe duty of a trust special administrator to consult in the consultation period specified under section 65S(2);cthe duty of a trust special administrator to provide a final report within the period specified in section 65U(1).2If the Secretary of State thinks it is not reasonable in the circumstances for the administrator to be required to carry out the duty within the specified period, the Secretary of State may by order extend the period.3If an order is made extending the period mentioned in subsection (1)(a) or (c) the trust special administrator must publish a notice stating the new date on which the period will expire.4If an order is made extending the period mentioned in subsection (1)(b) the trust special administrator must—apublish a notice stating the new date on which the period will expire, andbpublish a statement setting out the means by which the administrator will seek responses to the draft report during the extended consultation period.65W1Within the period of 20 working days beginning with the day on which the Secretary of State receives a final report under section 65U, the Secretary of State must decide what action to take in relation to the performance of the relevant functions.2The Secretary of State must as soon as reasonably practicable—apublish a notice of the decision and of the reasons for it;blay a copy of the notice before Parliament.65XThe Secretary of State may at any time give directions to a Primary Care Trust and a trust special administrator who exercises functions on behalf of the Primary Care Trust, requiring that the appointment of the administrator should come to an end with effect from a specified day.65Y1Where the Secretary of State has given directions under section 65P and, before the Secretary of State has published a decision under section 65W, the trust special administrator appointed under the directions (or whose appointment has effect as if made under the directions) ceases to hold office for any reason, the Secretary of State must—aappoint another person as the trust special administrator, andbpublish the name of the person appointed.2An appointment under subsection (1) has effect as if made by the Primary Care Trust under the directions.3Where a person is appointed under subsection (1) in relation to a Primary Care Trust, anything done by or in relation to a previous trust special administrator has effect as if done by or in relation to that person, unless the Secretary of State directs otherwise.65ZThe Secretary of State may give directions to a trust special administrator about the exercise of functions under or by virtue of this Chapter.65Z11The Secretary of State must publish guidance for trust special administrators.2It must include guidance about the publication of notices under sections 65T and 65V.3It must include guidance in relation to the preparation of draft reports, as to—apersons to be consulted;bfactors to be taken into account;crelevant publications.65Z2Directions under the following provisions of this Chapter must be laid before Parliament after they are given—asection 65P(1);bsection 65X;csection 65Z.65Z3In this Chapter—“relevant functions” has the meaning given in section 65Q(3);“trust special administrator” means a person appointed under directions under section 65P(1) or under section 65Y(1)(a);“working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.S. 16 in force at 15.2.2010 by S.I. 2010/30, art. 3(a)S. 17 in force at 15.2.2010 by S.I. 2010/30, art. 3(a)S. 15 omitted (1.11.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 173(5), 306(4); S.I. 2012/2657, art. 2(2)