PART 3Regulation of health and adult social care services

CHAPTER 6Financial assistance in special administration cases

Supplementary

144Investment principles and reviews

1

F3NHS England must prepare and publish a statement of the principles that govern its decisions, or decisions made on its behalf, about making investments for the purposes of this Chapter.

2

F3NHS England must—

a

in each financial year, review the statement,

b

if it considers necessary in light of the review, revise the statement, and

c

if it revises the statement, publish the revised statement.

3

As soon as reasonably practicable after the end of each financial year, F3NHS England must undertake and publish a review of the operation during that year of—

a

the procedure for health special administration under Chapter 5,

I1b

the procedure for trust special administration for NHS foundation trusts under Chapter 5A of Part 2 of the National Health Service Act 2006, and

c

such mechanisms as have been established under section 134.

4

The purposes of the review under subsection (3)(c) are—

a

to assess the operation of the mechanisms concerned,

b

to assess the accuracy of the estimates given by F2NHS England in relation to the operation of the mechanisms,

c

to assess what improvements can be made to the process for making estimates in relation to the operation of the mechanisms, and

d

to review the extent of the protection which the mechanisms are required to provide.

5

Where a fund established under section 135 has been in operation for the whole or part of the year concerned, the review published under this section must specify—

a

the income of the fund during that year, and

b

the expenditure from the fund during that year.

I16

F1NHS England must exclude from a review published under this section information which it is satisfied is—

a

commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;

b

information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.