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After section 56 of the National Health Service Act 2006 insert—
“56A Acquisitions(1) An application may be made jointly by—
(a) an NHS foundation trust (A), and
(b) another NHS foundation trust or an NHS trust established under section 25 (B),
to the regulator for the acquisition by A of B.
(2) An application under this section may be made only with the approval of more than half of the members of the council of governors of each applicant (that is an NHS foundation trust).
(3) The application must—
(a) be supported by the Secretary of State if B is an NHS trust, and
(b) be accompanied by a copy of the proposed constitution of A, amended on the assumption that A acquires B.
(4) The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the acquisition have been taken.
(5) On the grant of the application, the proposed constitution has effect, but where a person who is specified as a director of A in the constitution has yet to be appointed as such, the directors of A may exercise that person's functions under the constitution.”
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 (for remaining purposes): see s 306(4).
This section does not extend to Scotland: see s 308(1).
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