PART 4HEALTH SCRUTINY BY LOCAL AUTHORITIES

Exemptions from duty to consult

24.  Regulation 23 does not apply to—

(a)any proposal to establish or dissolve an NHS trust or clinical commissioning group, or to vary the constitution of such a group (unless the establishment, dissolution or variation involves a substantial development or variation as referred to in regulation 23(1)); or

(b)any proposals contained in—

(i)a trust special administrator’s report or draft report under section 65F or 65I of the 2006 Act(1) (trust special administrators: reports and draft reports); or

(ii)recommendations by a health special administrator on the action which should be taken in relation to a company subject to a health special administration order under section 128 of the 2012 Act (health special administration orders).

(1)

Sections 65F and 65I were inserted by section 16 of the Health Act 2009 (c.21). Section 65F was amended by section 176(1) and (2) of, and paragraphs 1 and 15 of Schedule 14 to, the 2012 Act. Section 65I was amended by section 176(8) of, and paragraphs 1 and 18 of Schedule 14 to, the 2012 Act.