An application may be made to NHS England by an NHS foundation trust for the dissolution of the trust and the establishment of two or more new NHS foundation trusts.
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 the applicant.
The application must, by reference to each of the proposed new trusts—
NHS England must grant the application if—
and must otherwise refuse the application.
On the grant of the application, the proposed constitution of each of the new trusts has effect but, in the case of each of the new trusts, the proposed directors may exercise the functions of the trust on its behalf until a board of directors is appointed in accordance with the constitution.