Health and Social Care Act 2012, Section 88 is up to date with all changes known to be in force on or before 14 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F1(1)This section applies where—
(a)an NHS trust becomes an NHS foundation trust in pursuance of section 36 of the National Health Service Act 2006 (effect of authorisation of NHS foundation trust), or
(b)an NHS foundation trust is established under sections 56 or 56B of that Act (mergers and separations).]
(2)The NHS foundation trust is to be treated by [F2NHS England] as having—
(a)duly made an application for a licence under section 85, and
(b)met the criteria for holding a licence for the time being published under section 86.
(3)An NHS foundation trust in existence on the day on which this section comes into force is to be treated for the purposes of this section as having become an NHS foundation trust pursuant to section 36 of the National Health Service Act 2006 on that day.
Textual Amendments
F1S. 88(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 61, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Words in s. 88(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 52; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 88 in force at 1.4.2013 by S.I. 2013/671, art. 2(3)
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