3(1)Section 65D (NHS foundation trusts: appointment of trust special administrator) is amended as follows.E+W
(2)In subsections (1) and (1A)(b) and (c), for “the regulator”, in each place it occurs, substitute “NHS England”.
(3)In subsection (2), for “The regulator” substitute “NHS England”.
(4)After subsection (2) insert—
“(2A)Where NHS England is not required to make an order under this section as a result of subsection (1A), it may do so only if the Secretary of State has approved the making of the order.”
(5)In subsection (3), for “the regulator” substitute “NHS England”.
(6)In subsection (3A)—
(a)in paragraph (a), for “the regulator” substitute “NHS England”;
(b)in paragraph (b), omit sub-paragraph (ii) (but not the “and” at the end).
(7)For subsection (4) substitute—
“(4)Before making an order under this section in a case where it is not required to do so as a result of subsection (1A), NHS England must consult—
(a)the trust,
(b)any person to which the trust provides services under this Act and which NHS England considers it appropriate to consult, and
(c)the Care Quality Commission.”
(8)In subsection (6), for “The regulator” substitute “NHS England”.
(9)In subsection (7), for “the regulator” substitute “NHS England”.
(10)For subsection (12) substitute—
“(12)NHS England may pay remuneration and expenses to a trust special administrator appointed under this section.”
Commencement Information
I1Sch. 8 para. 3 not in force at Royal Assent, see s. 186(6)
I2Sch. 8 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)