Health and Social Care (Community Health and Standards) Act 2003

25Dissolution etc.E+W

(1)The powers conferred by this section are exercisable where—

(a)an NHS foundation trust contravenes or fails to comply with a notice under section 23 or 24 or the trust’s compliance with a notice under section 24 does not result in the implementation of a voluntary arrangement, and

(b)the regulator considers that further exercise of any of the powers conferred by those sections would not be likely to secure the provision of the goods and services which the authorisation requires the trust to provide.

(2)Before the powers conferred by this section are exercised, the regulator must consult prescribed persons about prescribed matters.

• “Prescribed” means prescribed by an order.

(3)An order may transfer, or provide for the transfer of, any property or liabilities of the trust to—

(a)another NHS foundation trust,

(b)a Primary Care Trust,

(c)an NHS trust,

(d)the Secretary of State.

[F1(3A)The liabilities which may be transferred by virtue of subsection (3) to any of the bodies mentioned in paragraphs (a) to (c) of that subsection include criminal liabilities.]

(4)Schedule 3 (which provides for the transfer of employees) has effect.

(5)An order may provide for the dissolution of the trust.

(6)An order may apply any provision of Part 4 of the Insolvency Act 1986 (winding up of companies), including any related provision of that Act, with modifications.

(7)Where the regulator refuses to give an authorisation to a public benefit corporation—

(a)the powers conferred by this section are also exercisable,

(b)references in this section and Schedule 3 to an NHS foundation trust are to be read as references to the corporation.