14Z46 Joint exercise of functions with Local Health Boards
(1) Regulations may provide for any prescribed functions of an integrated care board to be exercised jointly with a Local Health Board.
(2) The regulations may permit or require any functions that are exercisable jointly by an integrated care board and a Local Health Board by virtue of the regulations to be exercised by a joint committee of those bodies.
(3) Arrangements made by virtue of this section do not affect the liability of an integrated care board for the exercise of any of its functions.
(1) An integrated care board has power to do anything specified in section 7(2)(a), (b) and (e) to (h) of the Health and Medicines Act 1988 (provision of goods etc) for the purpose of making additional income available for improving the health service.
(2) An integrated care board may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any significant extent interfere with the exercise by the board of its other functions.
(1) An integrated care board may make payments—
(a) by way of grant to any of its partner NHS trusts or NHS foundation trusts;
(b) by way of grant or loan to a voluntary organisation which provides or arranges for the provision of services which are similar to the services in respect of which the integrated care board has functions.
(2) The payments may be made subject to such terms as the integrated care board considers appropriate.
(3) For the purposes of this Act an NHS trust or NHS foundation trust is a “partner” of an integrated care board if the trust—
(a) provides services for the purposes of the health service within the integrated care board’s area, and
(b) has the function, under the integrated care board’s constitution, of participating in the nomination of members as a result of falling within a description prescribed for the purposes paragraph 8(2)(a) of Schedule 1B.
14Z49 Duty to keep experience of members under review etc
An integrated care board must—
(a) keep under review the skills, knowledge and experience that it considers necessary for members of the board to possess (when taken together) in order for the board effectively to carry out its functions, and
(b) if it considers that the board as constituted lacks the necessary skills, knowledge and experience, take such steps as it considers necessary to address or mitigate that shortcoming.
(1) NHS England may publish a document specifying—
(a) circumstances in which an integrated care board is liable to make a payment to a person in respect of services provided by that person in pursuance of arrangements made by another integrated care board in the discharge of commissioning functions, and
(b) how the amount of any such payment is to be determined.
(2) An integrated care board is required to make payments in accordance with any document published under subsection (1).
(3) Where an integrated care board is required to make a payment by virtue of subsection (2), no other integrated care board is liable to make it.
(4) Accordingly, any obligation of another integrated care board to make the payment ceases to have effect.
(5) Any sums payable by virtue of subsection (2) may be recovered summarily as a civil debt (but this does not affect any other method of recovery).
(6) NHS England may publish guidance for integrated care boards for the purpose of assisting them in understanding and applying any document published under subsection (1).
(7) In this section “commissioning functions” means the functions of integrated care boards in arranging for the provision of services as part of the health service.
(1) NHS England must publish guidance for integrated care boards on the discharge of their functions.
(2) Each integrated care board must have regard to guidance under this section.
14Z52 Joint forward plans for integrated care board and its partners
(1) Before the start of each financial year, an integrated care board and its partner NHS trusts and NHS foundation trusts must prepare a plan setting out how they propose to exercise their functions in the next five years.
(2) The plan must, in particular—
(a) describe the health services for which the integrated care board proposes to make arrangements in the exercise of its functions by virtue of this Act;
(b) explain how the integrated care board proposes to discharge its duties under—
(i) sections 14Z34 to 14Z45 (general duties of integrated care boards), and
(ii) sections 223GB to 223N (financial duties);
(c) set out any steps that the integrated care board proposes to take to implement any joint local health and wellbeing strategy to which it is required to have regard under section 116B(1) of the Local Government and Public Involvement in Health Act 2007;
(d) set out any steps that the integrated care board proposes to take to address the particular needs of children and young persons under the age of 25;
(e) set out any steps that the integrated care board proposes to take to address the particular needs of victims of abuse (including domestic abuse and sexual abuse, whether of children or adults).
(3) The integrated care board and its partner NHS trusts and NHS foundation trusts must publish the plan.
(4) The integrated care board and its partner NHS trusts and NHS foundation trusts must give a copy of the plan to—
(a) the integrated care partnership for the board’s area,
(b) each relevant Health and Wellbeing Board, and
(c) NHS England.
(5) NHS England may give a direction as to the date by which subsection (4) must be complied with.
(6) An integrated care board and its partner NHS trusts and NHS foundation trusts must have regard to the plan under subsection (1).
(7) In this Chapter “relevant Health and Wellbeing Board”, in relation to an integrated care board (or an integrated care board and its partner NHS trusts and NHS foundation trusts), means a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or any part of, the area of the integrated care board.
(8) In this Act “financial year”, in relation to an integrated care board, means—
(a) the period beginning with the date on which the integrated care board is established and ending with the 31 March following that date, and
(b) each successive period of twelve months.
(1) An integrated care board and its partner NHS trusts and NHS foundation trusts may revise a plan published under section 14Z52.
(2) If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in a way that they consider to be significant, section 14Z52(3) and (4) apply in relation to the revised plan as they applied in relation to the original plan.
(3) If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in any other way they must—
(a) publish a document setting out the changes, and
(b) give a copy of the document to—
(i) the integrated care partnership for the board’s area,
(ii) each relevant Health and Wellbeing Board, and
(iii) NHS England.
(1) This section applies where an integrated care board and its partner NHS trusts and NHS foundation trusts are—
(a) preparing a plan under section 14Z52, or
(b) revising a plan under section 14Z53 in a way that they consider to be significant.
(2) The integrated care board and its partner NHS trusts and NHS foundation trusts must consult—
(a) the group of people for whom the integrated care board has core responsibility, and
(b) any other persons they consider it appropriate to consult.
(3) The integrated care board and its partner NHS trusts and NHS foundation trusts must involve each relevant Health and Wellbeing Board in preparing or revising the plan.
(4) The integrated care board and its partner NHS trusts and NHS foundation trusts must, in particular—
(a) give each relevant Health and Wellbeing Board a draft of the plan or (as the case may be) the plan as revised, and
(b) consult each relevant Health and Wellbeing Board on whether the draft takes proper account of each joint local health and wellbeing strategy published by it which relates to the period (or any part of the period) to which the plan relates.
(5) Where a Health and Wellbeing Board is consulted under subsection (4)(b)—
(a) it must respond with its opinion on the matter mentioned there;
(b) it may also give that opinion to NHS England.
(6) Where a Health and Wellbeing Board gives its opinion to NHS England under subsection (5)(b) it must inform the integrated care board and its partner NHS trusts and NHS foundation trusts that it has done so (unless it informed them, in advance, that it was planning to do so).
(7) If an integrated care board and its partner NHS trusts and NHS foundation trusts revise or further revise a draft after it has been given to each relevant Health and Wellbeing Board under subsection (4), subsections (4) and (5) apply in relation to the revised draft as they applied in relation to the original draft.
(8) An integrated care board and its partner NHS trusts and NHS foundation trusts must include in a plan published under section 14Z52(3)—
(a) a summary of the views expressed by anyone consulted under subsection (2),
(b) an explanation of how they took account of those views, and
(c) a statement of the final opinion of each relevant Health and Wellbeing Board consulted in relation to the plan under subsection (4).
(9) In this section, “joint local health and wellbeing strategy” means a strategy under section 116A of the Local Government and Public Involvement in Health Act 2007.
14Z55 Opinion of Health and Wellbeing Boards on forward plan
(1) A relevant Health and Wellbeing Board—
(a) may give NHS England its opinion on whether a plan published by an integrated care board and its partner NHS trusts and NHS foundation trusts under section 14Z52(3) takes proper account of each joint local health and wellbeing strategy published by the Health and Wellbeing Board which relates to the period (or any part of the period) to which the plan relates, and
(b) if it does so, must give the integrated care board and its partner NHS trusts and NHS foundation trusts a copy of its opinion.
(2) In this section, “joint local health and wellbeing strategy” has the same meaning as in section 14Z54(9).
14Z56 Joint capital resource use plan for integrated care board and its partners
(1) Before the start of each financial year, an integrated care board and its partner NHS trusts and NHS foundation trusts must prepare a plan setting out their planned capital resource use.
(2) The plan must relate to such period as may be specified in a direction by the Secretary of State.
(3) The Secretary of State must publish any direction under subsection (2).
(4) The integrated care board and its partner NHS trusts and NHS foundation trusts must publish the plan.
(5) The integrated care board and its partner NHS trusts and NHS foundation trusts must give a copy of the plan to—
(a) the integrated care partnership for the board’s area,
(b) each relevant Health and Wellbeing Board, and
(c) NHS England.
(6) NHS England may give a direction as to the date by which subsection (5) must be complied with.
(7) NHS England may publish guidance about the discharge by an integrated care board and its partner NHS trusts and NHS foundation trusts of their functions under this section.
(8) An integrated care board and its partner NHS trusts and NHS foundation trusts must have regard to any guidance published under subsection (7).
(9) NHS England may give directions, in relation to a financial year—
(a) specifying descriptions of resources which must, or must not, be treated as capital resources for the purposes of this section;
(b) specifying uses of capital resources which must, or must not, be taken into account for the purposes of this section.
(10) The reference in subsection (1) to the use of capital resources is a reference to its expenditure, consumption or reduction in value.
14Z57 Revision of joint capital resource use plans
(1) An integrated care board and its partner NHS trusts and NHS foundation trusts may revise a plan published under section 14Z56.
(2) If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in a way that they consider to be significant, section 14Z56(4) and (5) apply in relation to the revised plan as they applied in relation to the original plan.
(3) If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in any other way, they must—
(a) publish a document setting out the changes, and
(b) give a copy of the document to—
(i) the integrated care partnership for the board’s area,
(ii) each relevant Health and Wellbeing Board, and
(iii) NHS England.
(1) An integrated care board must, in each financial year, prepare a report (an “annual report”) on how it has discharged its functions in the previous financial year.
(2) An annual report must, in particular—
(a) explain how the integrated care board has discharged its duties under sections 14Z34 to 14Z45 and 14Z49 (general duties of integrated care boards),
(b) review the extent to which the board has exercised its functions in accordance with the plans published under—
section 14Z52 (forward plan), and
section 14Z56 (capital resource use plan),
(c) review the extent to which the board has exercised its functions consistently with NHS England’s views set out in the latest statement published under section 13SA(1) (views about how functions relating to inequalities information should be exercised), and
(d) review any steps that the board has taken to implement any joint local health and wellbeing strategy to which it was required to have regard under section 116B(1) of the Local Government and Public Involvement in Health Act 2007.
(3) In undertaking the review required by subsection (2)(d), an integrated care board must consult each relevant Health and Wellbeing Board.
(4) An annual report must include—
(a) a statement of the amount of expenditure incurred by the integrated care board during the financial year in relation to mental health,
(b) a calculation of the proportion of the expenditure incurred by the integrated care board during the financial year that relates to mental health, and
(c) an explanation of the statement and calculation.
(5) NHS England may give directions to integrated care boards as to the form and content of an annual report.
(6) An integrated care board must—
(a) give a copy of its annual report to NHS England before the date specified by NHS England in a direction, and
(b) publish a copy of the annual report.
14Z59 Performance assessment of integrated care boards
(1) NHS England must conduct a performance assessment of each integrated care board in respect of each financial year.
(2) A performance assessment is an assessment of how well the integrated care board has discharged its functions during that year.
(3) The assessment must, in particular, include an assessment of how well the integrated care board has discharged its duties under—
(a) section 14Z34 (improvement in quality of services),
(b) section 14Z35 (reducing inequalities),
(c) section 14Z38 (obtaining appropriate advice),
(d) section 14Z40 (duty in respect of research),
(e) section 14Z43 (duty to have regard to effect of decisions),
(f) section 14Z45 (public involvement and consultation),
(g) sections 223GB to 223N (financial duties), and
(h) section 116B(1) of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessments and strategies).
(4) In conducting a performance assessment, NHS England must consult each relevant Health and Wellbeing Board as to its views on any steps that the board has taken to implement any joint local health and wellbeing strategy to which the board was required to have regard under section 116B(1) of that Act of 2007.
(5) In conducting a performance assessment, NHS England must, in particular, have regard to—
(a) any guidance published by the Secretary of State for the purposes of this section, and
(b) any guidance published under section 14Z51.
(6) NHS England must publish a report in respect of each financial year containing a summary of the results of each performance assessment conducted by NHS England in respect of that year.
(1) NHS England may require an integrated care board to provide NHS England with information.
(2) The information must be provided in such form, and at such time or within such period, as NHS England may require.
14Z61 Power to give directions to integrated care boards
(1) This section applies if NHS England is satisfied that—
(a) an integrated care board is failing or has failed to discharge any of its functions, or
(b) there is a significant risk that an integrated care board will fail to do so.
(2) NHS England may direct the integrated care board to discharge such of those functions in such manner and within such period or periods as may be specified in the direction.
(3) NHS England may direct—
(a) the integrated care board, or
(b) the chief executive of the integrated care board,
to cease to perform any functions for such period or periods as may be specified in the direction.
(4) NHS England may—
(a) terminate the appointment of the integrated care board’s chief executive, and
(b) direct the chair of the board as to which individual to appoint as a replacement and on what terms.
(5) Where a direction is given under subsection (3)(a) NHS England may—
(a) exercise, on behalf of the integrated care board, any of the functions that are the subject of the direction;
(b) direct another integrated care board to perform any of those functions on behalf of the integrated care board, in such manner and within such period or periods as may be specified in the direction.
(6) A direction under subsection (5)(b) may include provision prohibiting or restricting the integrated care board from making delegation arrangements in relation to a function that is exercisable by it by virtue of the direction.
(7) In subsection (6) “delegation arrangements” means arrangements made by a person for the exercise of a function by someone else.
(8) Where a direction is given under subsection (3)(b) NHS England may—
(a) exercise, on behalf of the chief executive, any of the functions that are the subject of the direction;
(b) direct the chief executive of another integrated care board to perform any of those functions on behalf of the chief executive, in such manner and within such period or periods as may be specified in the direction.
(9) For the purposes of this section—
(a) a failure to discharge a function includes a failure to discharge it properly, and
(b) a failure to discharge a function properly includes a failure to discharge it consistently with what NHS England considers to be the interests of the health service.
14Z62 Section 14Z61 directions: consultation and cooperation
(1) Before exercising the power conferred by section 14Z61(5)(b) or (8)(b) NHS England must consult the integrated care board to which it is proposing to give the direction or to whose chief executive it is proposing to give the direction.
(2) Where a direction is given under section 14Z61(3)(b) to the chief executive of an integrated care board, that board must co-operate with any chief executive to whom a direction is given under subsection (8)(b).
(1) An integrated care board may disclose information obtained by it in the exercise of its functions if—
(a) the information has previously been lawfully disclosed to the public,
(b) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services),
(c) the disclosure is made in accordance with any enactment or court order,
(d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
(e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment,
(f) the disclosure is made for the purpose of facilitating the exercise of any of the integrated care board’s functions,
(g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
(h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
(2) Subsection (1)(a) to (c) and (h) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
In this Chapter—
“the health service” means the health service in England;
“health services” means services provided as part of the health service;
“integrated care partnership” has the meaning given by section 116ZA(1) of the Local Government and Public Involvement in Health Act 2007;
“relevant Health and Wellbeing Board”, in relation to an integrated care board, has the meaning given by section 14Z52(7).
(1) The Secretary of State may by order establish bodies, called National Health Service trusts (“NHS trusts”), to provide goods and services for the purposes of the health service.
(2) An order under subsection (1) is referred to in this Act as “an NHS trust order”.
(3) No NHS trust order may be made until after the completion of such consultation as may be prescribed.
(4) Schedule 4 makes further provision about NHS trusts.
26A Duty to have regard to wider effect of decisions
(1) In making a decision about the exercise of its functions, an NHS trust established under section 25 must have regard to all likely effects of the decision in relation to—
(a) the health and well-being of the people of England;
(b) the quality of services provided to individuals—
(i) by relevant bodies, or
(ii) in pursuance of arrangements made by relevant bodies,
for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England;
(c) efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England.
(2) In subsection (1)—
(a) the reference to a decision does not include a reference to a decision about the services to be provided to a particular individual for or in connection with the prevention, diagnosis or treatment of illness;
(b) the reference to effects of a decision in relation to the health and well-being of the people of England includes a reference to its effects in relation to inequalities between the people of England with respect to their health and well-being;
(c) the reference to effects of a decision in relation to the quality of services provided to individuals includes a reference to its effects in relation to inequalities between individuals with respect to the benefits that they can obtain from those services.
(3) In discharging the duty under this section, NHS trusts must have regard to guidance published by NHS England under section 13NB.
(4) In this section “relevant bodies” means—
(a) NHS England,
(b) integrated care boards,
(c) NHS trusts established under section 25, and
(d) NHS foundation trusts.
(1) An NHS trust established under section 25 must, in the exercise of its functions, have regard to the need to—
(a) contribute towards compliance with—
(i) section 1 of the Climate Change Act 2008 (UK net zero emissions target), and
(ii) section 5 of the Environment Act 2021 (environmental targets), and
(b) adapt to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008.
(2) In discharging the duty under this section, NHS trusts must have regard to guidance published by NHS England under section 13ND.
NHS England must—
(a) monitor NHS trusts established under section 25 in the carrying out of their functions, and
(b) provide such advice, guidance or other support as it considers appropriate to help NHS trusts established under section 25 in the carrying out of their functions.
(1) NHS England may give directions to an NHS trust established under section 25 about its exercise of any functions.
(2) In so far as a direction under this section conflicts with a direction under section 8 or paragraph 25(3) of Schedule 4, it is of no effect.
(1) NHS England may—
(a) make recommendations to NHS trusts for or in connection with the making of restructuring applications;
(b) take such other steps as it considers appropriate to facilitate restructuring applications involving NHS trusts.
(2) In this section “restructuring application”, in relation to an NHS trust, means an application by the NHS trust under—
(a) section 56 (mergers involving NHS foundation trusts);
(b) section 56A (acquisitions by NHS foundation trusts);
(c) section 69A (transfer of property etc between NHS bodies);
(d) paragraph 28 of Schedule 4 (dissolution of NHS trusts).
27D Intervention in NHS trusts: recommendations etc by NHS England
(1) If NHS England considers that Secretary of State ought to make an order under section 66(2) or 68(2) in relation to an NHS trust established under section 25, NHS England must—
(a) make a recommendation to that effect,
(b) set out its reasons for the recommendation, and
(c) make any recommendations it considers appropriate as to the contents of the order.
(2) NHS England must make any inquiries, and provide any other assistance, that the Secretary of State may require in connection with deciding whether to make an order under section 66(2) or 68(2) in relation to an NHS trust established under section 25 and, if so, on what terms.
(1) The Secretary of State may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act.
(2) The Secretary of State may make such further provision relating to a body established under subsection (1) as he considers appropriate.
(3) A body established under this section is called a Special Health Authority.
(4) An order may, in particular, contain provisions as to—
(a) the membership of the body established by the order,
(b) the transfer to the body of officers, property and liabilities, and
(c) the name of the body.
(5) The liabilities which may be transferred by virtue of this section, section 272(8) and section 273(1) to an NHS body on the abolition of a Special Health Authority include criminal liabilities.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The Secretary of State must, before he makes an order under this section, consult with respect to the order such bodies as he may recognise as representing officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the order.
(8) Schedule 6 makes further provision about Special Health Authorities.
(1) Regulations may provide for any functions which are exercisable by a Special Health Authority under section 7 to be exercised—
(a) by another Special Health Authority, or
(b) jointly with one or more other Special Health Authorities.
(2) Regulations may provide—
(a) for any functions which are exercisable by a Special Health Authority under section 7 ... ... or this section to be exercised on behalf of that Special Health Authority by a committee, sub-committee or officer of the Special Health Authority,
(b) for any functions exercisable jointly under subsection (1)(b) to be exercised, on behalf of the Special Health Authorities in question, by a joint committee or joint sub-committee.
29A Special Health Authorities: accounts and audit
(1) In this section a reference to a Special Health Authority is to a Special Health Authority which—
(a) performs functions only or mainly in respect of England, or
(b) neither performs functions only or mainly in respect of England, nor performs functions only or mainly in respect of Wales.
(2) A Special Health Authority must keep proper accounts and proper records in relation to the accounts.
(3) The Secretary of State may give a Special Health Authority directions as to the form in which its accounts must be kept.
(4) A Special Health Authority must prepare, in respect of each financial year, annual accounts in such form as the Secretary of State may direct.
(5) A Special Health Authority must send copies of any annual accounts prepared by it under subsection (4)—
(a) to the Secretary of State, by such date as the Secretary of State may direct, and
(b) to the Comptroller and Auditor General, as soon as is reasonably practicable following the end of the financial year in question.
(6) The Comptroller and Auditor General must examine, certify and report on the annual accounts.
(7) The Special Health Authority must lay before Parliament—
(a) a copy of the annual accounts, and
(b) the Comptroller and Auditor General’s report on them.
(8) Nothing in subsection (2) requires any annual accounts prepared by a Special Health Authority to include matters relating to a charitable trust of which it is a trustee.
(9) Nothing in subsection (4) has effect in relation to accounts relating to a charitable trust of which the Special Health Authority is a trustee.
(1) An NHS foundation trust is a public benefit corporation the function of which is to provide in accordance with this Chapter goods and services for the purposes of the health service in England.
(2) A public benefit corporation is a body corporate which, in pursuance of an application under this Chapter, is constituted in accordance with Schedule 7.
(1) An NHS trust may make an application to NHS England for authorisation to become an NHS foundation trust ....
(2) The application must—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) be accompanied by a copy of the proposed constitution of the NHS foundation trust,
and must give any further information which NHS England requires the applicant to give.
(3) The applicant may modify the application with the agreement of NHS England at any time before authorisation is given under section 35.
(4) Once an NHS trust has made the application—
(a) the provisions of the proposed constitution which give effect to paragraphs 3 to 19 of Schedule 7 have effect, but only for the purpose of establishing the initial membership of the NHS foundation trust and of the council of governors, and the initial directors, and enabling the council of governors and board of directors to make preparations for the performance of their functions,
(b) the NHS trust may do anything (including the things mentioned in paragraph 14 of Schedule 4) which appears to it to be necessary or expedient for the purpose of preparing it for NHS foundation trust status.
(1) NHS England may give an authorisation under this section—
(a) to an NHS trust which has applied under section 33, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
if the Secretary of State approves the authorisation and NHS England is satisfied as to the following matters.
(2) The matters are that—
(a) the applicant's constitution will be in accordance with Schedule 7 and will otherwise be appropriate,
(b) the applicant has taken steps to secure that (taken as a whole) the actual membership of any public constituency, and (if there is one) of the patients' constituency, will be representative of those eligible for such membership,
(c) there will be a council of governors, and a board of directors, constituted in accordance with the constitution,
(d) the steps necessary to prepare for NHS foundation trust status have been taken,
(e) the applicant will be able to provide goods and services for the purposes of the health service in England,
(f) any other requirements which NHS England considers appropriate are met.
(3) In deciding whether it is satisfied as to the matters referred to in subsection (2)(e), NHS England must consider (among other things)—
(a) any report or recommendation in respect of the applicant made by the Care Quality Commission,
(b) the financial position of the applicant.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) NHS England must not give an authorisation unless it is satisfied that the applicant has sought the views about the application of the following—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) individuals who live in any area specified in the proposed constitution as the area for a public constituency,
(c) any local authority that would be authorised by the proposed constitution to appoint a member of the council of governors,
(d) if the proposed constitution provides for a patients' constituency, individuals who would be able to apply to become members of that constituency,
(e) any prescribed persons.
(6) If regulations make provision about consultation, NHS England may not give an authorisation unless it is satisfied that the applicant has complied with the regulations.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) On an authorisation being given to a body corporate which is an NHS trust—
(a) it ceases to be an NHS trust and becomes an NHS foundation trust,
(b) the proposed constitution has effect, and
(c) any order under section 25(1) is revoked.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The authorisation is conclusive evidence that the body in question is an NHS foundation trust.
(4) Subsections (1) to (3) do not affect the continuity of the body or of its property or liabilities (including its criminal liabilities).
(5) The validity of any act of an NHS foundation trust is not affected by any vacancy among the directors or by any defect in the appointment of any director.
(6) An NHS foundation trust must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and an NHS foundation trust's property must not be regarded as property of, or property held on behalf of, the Crown.
(1) An NHS foundation trust may make amendments of its constitution only if—
(a) more than half of the members of the council of governors of the trust voting approve the amendments, and
(b) more than half of the members of the board of directors of the trust voting approve the amendments.
(2) Amendments made under this section take effect as soon as the conditions in subsection (1)(a) and (b) are satisfied.
(3) But an amendment is of no effect in so far as the constitution would, as a result of the amendment, not accord with Schedule 7.
(4) The trust must inform NHS England of amendments made under this section; but NHS England’s functions do not include a power or duty to determine whether or not the constitution, as a result of the amendments, accords with Schedule 7.