SCHEDULES

SCHEDULE 8Trust special administrators: NHS trusts and NHS foundation trusts

PART 1Amendments about trust special administrators

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1

Section 65L (trusts coming out of administration) is amended as follows.

2

For subsections (1) to (2B) substitute—

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.

3

In subsection (7), for “the regulator”, in both places it occurs, substitute “NHS England”.