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Health and Social Care Act 2012

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173Repeal of de-authorisation provisions

This section has no associated Explanatory Notes

(1)Omit section 52C of the National Health Service Act 2006 (guidance etc. on de-authorisation notices).

(2)Omit sections 53 to 55 of, and Schedule 9 to, that Act (voluntary arrangements and dissolution); and in consequence of that—

(a)in section 57 of that Act (as amended by section 172 of this Act)—

(i)in subsection (3)(a), for “the persons mentioned in section 54(4)” substitute “another NHS foundation trust, an NHS trust established under section 25 or the Secretary of State”,

(ii)omit subsection (3)(b), and

(iii)in subsection (4), for “any of the bodies mentioned in section 54(4)(a) or (c)” substitute “another NHS foundation trust or an NHS trust established under section 25”,

(b)in section 64(4) of that Act (as amended by section 172 of this Act), omit paragraph (b), and

(c)omit section 18(2) to (6) and (11) of the Health Act 2009.

(3)Omit section 65E of the National Health Service Act 2006 (NHS foundation trusts: de-authorisation and appointment of administrator).

(4)Omit Schedule 8A to that Act (de-authorised NHS trusts and NHS foundation trusts).

(5)Omit section 15 of the Health Act 2009 (which inserts sections 52A to 52E and Schedule 8A in the National Health Service Act 2006).

(6)In section 272 of the National Health Service Act 2006 (orders, regulations, rules and directions)—

(a)in subsection (5), omit paragraph (aa), and

(b)in subsection (6A), omit “52D(1), 52E(6),”.

(7)In section 275(1) of that Act (interpretation), in the definition of “NHS trust”—

(a)omit “, subject to Schedule 8A,”, and

(b)omit “52D(1) or”.

(8)In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of “NHS trust”, omit “52D(1) or”.

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