Health and Care Act 2022

58 NHS trusts: conversion to NHS foundation trusts and dissolution

(1) The National Health Service Act 2006 is amended as follows.

(2) In section 33 (application by NHS trusts to become NHS foundation trusts), in subsection (1), omit “, if the application is supported by the Secretary of State”.

(3) In section 35 (authorisation of NHS foundation trusts), in subsection (1), after “if” insert “the Secretary of State approves the authorisation and”.

(4) In section 57 (supplementary provision in connection with mergers and acquisitions with NHS foundation trusts), in subsection (5), after “Secretary of State” insert “or NHS England”.

(5) In Schedule 4—

(a) in paragraph 28 (power to dissolve NHS trusts)—

(i) in sub-paragraph (1), after “Secretary of State” insert “or NHS England”;

(ii) after sub-paragraph (1) insert—

“(1A) An order under this paragraph may be made by NHS England only with the approval of the Secretary of State.”;

(iii) in sub-paragraphs (2)(b) and (3), after “the Secretary of State” insert “or NHS England”;

(b) in paragraph 29 (transfers), for sub-paragraph (1) substitute—

“(1) If an NHS trust is dissolved under paragraph 28, the Secretary of State or NHS England may by order transfer, or provide for the transfer of, the property and liabilities of the NHS trust to the Secretary of State or an NHS body; and such an order may include provisions corresponding to those of paragraph 9.”;

(c) in paragraph 30 (transfers: pensions etc), in sub-paragraph (1), after “he” insert “or NHS England”.