Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 176 is up to date with all changes known to be in force on or before 24 October 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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PART 4NHS foundation trusts & NHS trusts
Failure
176Procedure etc.
(1)
In section 65F of the National Health Service Act 2006 (administrator’s draft report), in subsection (2)—
(a)
“(za)
the Board,”, and
(b)
omit paragraph (a)
(but not the following “and”).
(2)
“(4)
For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.
(5)
In the case of an NHS foundation trust, the administrator may not provide the draft report to the regulator under subsection (1)—
(a)
without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report would achieve the objective set out in section 65DA, or
(b)
where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.
(6)
Where the Board decides not to provide to the administrator a statement to that effect, the Board must—
(a)
give a notice of the reasons for its decision to the administrator and to the regulator;
(b)
publish the notice;
(c)
lay a copy of it before Parliament.
(7)
In subsection (5), “commissioner” means a person to which the trust provides services under this Act.”
(3)
“(4)
In the case of an NHS foundation trust, the administrator may not make a variation to the draft report following the consultation period—
(a)
without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report as so varied would achieve the objective set out in section 65DA, or
(b)
where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.
(5)
Where the Board decides not to provide to the administrator a statement to that effect, the Board must—
(a)
give a notice of the reasons for its decision to the administrator and to the regulator;
(b)
publish the notice;
(c)
lay a copy of it before Parliament.
(6)
In subsection (4), “commissioner” means a person to which the trust provides services under this Act.”
(4)
In section 65H of that Act (consultation requirements), in subsection (7)—
(a)
“(za)
the Board,”,
(b)
omit paragraph (a),
(c)
in paragraph (b), omit “, if required by directions given by the Secretary of State”, and
(d)
“;
(d)
any other person specified in a direction given by the Secretary of State.”
(5)
In subsection (8) of that section, omit paragraphs (a) to (d).
(6)
In subsection (9) of that section—
(a)
after “representatives of” insert “the Board and”, and
(b)
for “(7)(a) or (b)” substitute “(7)(b), (c) or (d)”.
F1(7)
“(12)
For the purposes of this section in its application to the case of anNHSfoundation trust—
(a)
in subsection (7)(b), the words “goods or” are to be ignored, and
(b)
in subsections (7)(c) and (d) and (10), the references to the Secretary of State are to be read as references to the regulator.
(13)
In the case of anNHSfoundation trust, the Secretary of State may direct the regulator as to persons from whom it should direct the administrator under subsection (10) to request or seek a response.”
(8)
“(4)
For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.”
(9)
“(5)
For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.”