Sch 4 para 20
(1) For the purpose of making additional income available in order better to perform its functions, an NHS trust has the powers specified in section 7(2) of the Health and Medicines Act 1988 (c. 49) (extension of powers of Secretary of State for financing the health service). (2) The power conferred by sub-paragraph (1) may be exercised only— (a) to the extent that its exercise does not to any significant extent interfere with the performance by the NHS trust of its functions or of its obligations under NHS contracts, ... (b) in circumstances specified in directions under section 8, with the consent of the Secretary of State , and (c) in circumstances specified in directions under section 27B , with the consent of NHS England.