New Clause 36: Health and Social Care (Community Health and Standards) Bill
New Clause 36— Mergers
'(1) An application may be made jointly by—
(a) an NHS foundation trust, and
(b) another NHS foundation trust or an NHS trust,
to the regulator for authorisation of the dissolution of the trusts and the transfer of some or all of their property and liabilities to a new NHS foundation trust established under this section.
(2) The application must—
(a) be supported by the Secretary of State if one of the parties to it is an NHS trust,
(b) specify the property and liabilities proposed to be transferred to the new NHS foundation trust,
(c) describe the goods and services which it is proposed should be provided by the new trust, and
(d) be accompanied by a copy of the proposed constitution of the new trust;
and must give any further information which the regulator requires the applicants to give.
(3) The applicants may modify the application with the agreement of the regulator at any time before authorisation is given under this section.
(4) The regulator may—
(a) issue a certificate incorporating the directors of the applicants as a public benefit corporation, and
(b) give an authorisation under this section to the corporation to become an NHS foundation trust,
if he is satisfied as to the following matters.
(5) The matters are that—
(a) the constitution of the new trust will be in accordance with Schedule 1 and will otherwise be appropriate,
(b) taken as a whole the actual membership of the public constituency of the new trust will be representative of those eligible for such membership,
(c) the new trust will be able to provide the goods and services which the authorisation is to require it to provide, and
(d) any other requirements which he considers appropriate are met.
(6) If regulations require the applicants to consult prescribed persons about the application, the regulator may not give an authorisation under this section unless he is satisfied that the applicants have complied with the regulations.
(7) The certificate is conclusive evidence of incorporation; and the authorisation is conclusive evidence that the corporation is an NHS foundation trust.
(8) On an authorisation being given under this section, the proposed constitution of the NHS foundation trust has effect, but the directors of the applicants may exercise the functions of the trust on its behalf until a board of directors is appointed in accordance with the constitution.'.—[Mr. Hutton.]
Brought up, read the First and Second time, and added to the Bill.