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Section 65KA: NHS England's decision in case of NHS foundation trust

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

Part 2: Health service bodies — Chapter 5A: Trust special administrators: NHS trusts and NHS foundation trusts

Within the period of 20 working days beginning with the day on which NHS England receives a final report under section 65I relating to an NHS foundation trust, NHS England must decide whether it is satisfied—

that the action recommended in the final report would achieve the objective set out in section 65DA, and
that the trust special administrator has carried out the administration duties.

In subsection (1)(b), "administration duties" means the duties imposed on the administrator by—

this Chapter,
a direction under this Chapter, or
the administrator's terms of appointment.

If NHS England is satisfied as mentioned in subsection (1), it must as soon as reasonably practicable provide to the Secretary of State—

the final report, and
the report provided to NHS England by the Care Quality Commission under section 65D(3).

If NHS England is not satisfied as mentioned in subsection (1), it must as soon as reasonably practicable give a notice of that decision to the administrator.

Where NHS England gives a notice under subsection (4), sections 65F to 65J apply in relation to the trust to such extent, and with such modifications, as NHS England may specify in the notice.

NHS England must as soon as reasonably practicable after giving a notice under subsection (4)—

publish the notice;
lay a copy of it before Parliament.

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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.