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Section 39A: Panel for advising governors

National Health Service Act 2006 · 2006 c. 41View on legislation.gov.uk

Part 2: Health service bodies — Chapter 5: NHS foundation trusts

NHS England may appoint a panel of persons to which a governor of an NHS foundation trust may refer a question as to whether the trust has failed or is failing—

to act in accordance with its constitution, or
to act in accordance with provision made by or under this Chapter.

A governor may refer a question to the panel only if more than half of the members of the council of governors voting approve the referral.

The panel—

may regulate its own procedure, and
may establish such procedures, and make such other arrangements, as it considers appropriate for the purpose of determining questions referred to it under this section.

The panel may decide whether, or to what extent, to carry out an investigation on a question referred to it under this section.

The panel may for that purpose, or for the purpose of carrying out such an investigation, request information or advice.

Where the panel has carried out such an investigation, it must publish a report of its determination of the question referred to it.

If a person refuses to comply with a request made under subsection (5), the report under subsection (6) may refer to the refusal.

On any proceedings before a court or tribunal relating to a question referred to the panel under this section, the court may take the panel's report of its determination of the question into account.

NHS England—

must pay expenses properly incurred by the panel, and
must make administrative support available to the panel.

Regulations may make provision as to—

eligibility for membership of the panel;
the number of persons that may be appointed as members;
the terms of appointment of members;
circumstances in which a person ceases to be a member or may be suspended.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.