Health and Care Act 2022

2 For section 65B substitute—

“65B NHS trusts: appointment of trust special administrator

(1) NHS England may make an order in accordance with this section authorising the appointment of a trust special administrator to exercise the functions of the chair and directors of an NHS trust to which this Chapter applies.

(2) NHS England—

(a) must make an order under subsection (1) if required to do so by the Care Quality Commission, and

(b) may otherwise make an order under subsection (1) only if—

(i) NHS England considers it appropriate to do so in the interests of the health service, and

(ii) the Secretary of State has approved the making of the order.

(3) The Care Quality Commission may require NHS England to make an order under subsection (1) only if it is satisfied that there is a serious failure by the NHS trust to provide services that are of sufficient quality to be provided under this Act.

(4) Before requiring NHS England to make an order under subsection (1) the Care Quality Commission must—

(a) consult the Secretary of State and NHS England, and

(b) having done that, consult—

(i) the trust,

(ii) any integrated care board in whose area the trust has hospitals, establishments or facilities, and

(iii) any person to which the trust provides goods or services under this Act and which the Commission considers it appropriate to consult.

(5) Before making an order under subsection (1) in a case where it is not required to do so by the Care Quality Commission, NHS England must consult—

(a) the trust,

(b) any integrated care board in whose area the trust has hospitals, establishments or facilities,

(c) any other person to which the trust provides goods or services under this Act and which NHS England considers it appropriate to consult, and

(d) the Care Quality Commission.

(6) An order under subsection (1) 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.

(7) NHS England must lay before Parliament (with the statutory instrument containing the order) a report stating the reasons for making the order.

(8) If an order is made under subsection (1), NHS England must—

(a) appoint a person as the trust special administrator with effect from the day specified in the order, and

(b) publish the name of the person appointed.

(9) A person appointed as a trust special administrator holds and vacates office in accordance with the terms of the appointment.

(10) NHS England may pay remuneration and expenses to a trust special administrator appointed under this section.

65BA Care Quality Commission report on safety and quality of services

(1) This section applies where the Care Quality Commission require NHS England to make an order under section 65B(1) in relation to an NHS trust.

(2) The Care Quality Commission must, as soon as reasonably practicable after the making of the order, provide to NHS England and the Secretary of State a report on the safety and quality of the services that the trust provides under this Act.”