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28Section 27: supplementary

(1)    Where an authorisation is given under section 27, the regulator is to specify the property and liabilities to be transferred to the new NHS foundation trust.

(2)    Where such an authorisation is given, the Secretary of State is to make an order—

(a)    dissolving the trusts in question, and

(b)    transferring, or providing for the transfer of, the property and liabilities specified by the regulator to the new NHS foundation trust.

(3)    The order may—

(a)    transfer, or provide for the transfer of, any of the remaining property or liabilities to the persons mentioned in section 25(3),

(b)    include provisions corresponding to those of Schedule 3.

(4)    Where one of the parties to an application under section 27 is an NHS trust, the powers conferred on the Secretary of State by Part 4 of Schedule 2 to the 1990 Act are not exercisable in relation to the trust.

(5)    Section 6(4) applies to an authorisation under section 27 as it does in relation to an authorisation under that section.

NOTES
Initial Commencement
Royal Assent

Royal Assent (in so far as this section confers the power to make an order or regulations): 20 November 2003: see s 199(4).

To be appointed

To be appointed (for remaining purposes, on such day as the appropriate authority may by order appoint): see s 199(1)–(3).

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