Part 1 Amendments about Trust Special Administrators

SCHEDULE 8 Trust Special Administrators: NHS Trusts and NHS Foundation Trusts

Section 70

Part 1 Amendments about Trust Special Administrators

1

The National Health Service Act 2006 is amended as follows.

2

For section 65B substitute—

“65B NHS trusts: appointment of trust special administrator

(1)     NHS England may make an order in accordance with this section authorising the appointment of a trust special administrator to exercise the functions of the chair and directors of an NHS trust to which this Chapter applies.

(2)     NHS England—

(a)     must make an order under subsection (1) if required to do so by the Care Quality Commission, and

(b)     may otherwise make an order under subsection (1) only if—

(i)     NHS England considers it appropriate to do so in the interests of the health service, and

(ii)     the Secretary of State has approved the making of the order.

(3)     The Care Quality Commission may require NHS England to make an order under subsection (1) only if it is satisfied that there is a serious failure by the NHS trust to provide services that are of sufficient quality to be provided under this Act.

(4)     Before requiring NHS England

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