Free legislation on LexisWeb is as enacted and does not take into account any amendments

Full Table of Contents

Foundation trust status159Authorisation

(1)    In section 30(1) of the National Health Service Act 2006 (definition of NHS foundation trust), for “which is authorised under this Chapter to provide” substitute “the function of which is to provide in accordance with this Chapter”.

(2)    Omit section 33(2)(a) of that Act (requirement for application for authorisation to describe goods and services to be provided).

(3)    In section 35(2) of that Act (matters as to which the regulator must be satisfied before giving authorisation), for paragraph (e) substitute—

“(e)    the applicant will be able to provide goods and services for the purposes of the health service in England,”.

(4)    After section 35(3) of that Act (things the regulator must consider before deciding whether it is satisfied as to the matters in section 35(2)) insert—

“(3A)    The regulator must not give an authorisation unless it is notified by the Care Quality Commission that it is satisfied that the applicant is complying with (so far as applicable) the requirements mentioned in section 12(2) of the Health and Social Care Act 2008 in relation to the regulated activity or activities the applicant carries on.

(3B)    In subsection (3A), “regulated activity” has the same meaning as in section 8 of the Health and Social Care Act 2008.”

(5)    Omit section 35(4) and (7) of that Act (power to give authorisation on terms the regulator considers appropriate).

(6)    Omit section 38 of that Act (variation of authorisation).

(7)    Omit section 39(2)(b) of that Act (requirement for copy of authorisation to be on register).

(8)    Omit section 49 of that Act (authorisation to require trust to allow regulator to enter and inspect trust's premises).

(9)    Omit paragraph 22(1)(b) of Schedule 7 to that Act (requirement for copy of authorisation to be available for public inspection).

NOTES
Initial Commencement
Royal Assent

Royal Assent (in so far as is necessary for enabling the exercise on or after 27 March 2012 of any power to make an order or regulations or to give directions that is conferred by the above section or an amendment made by it.): 27 March 2012: see s 306(1)(d).

To be appointed

To be appointed (for remaining purposes): see s 306(4).

Extent

This section does not extend to Scotland: see s 308(1).

National Health Service (NHS)95 NHS Trusts95 Health Law95

Full Table of Contents