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National Health Service Act 2006

National Health Service Act 2006 s 57

s 57 Sections 56 to 56B: supplementary

(1) Where an application is granted under section 56 or 56B , NHS England must specify the property and liabilities to be transferred to the new NHS foundation trust or trusts . (2) Where such an application is granted, NHS England must make an order— (a) dissolving the trust or trusts in question, and (b) transferring, or providing for the transfer of, the property and liabilities specified by NHS England to the new NHS foundation trust or trusts . (2A) An order under section 56 or 56B is conclusive evidence of incorporation and conclusive evidence that the corporation is an NHS foundation trust. (3) The order may— (a) transfer, or provide for the transfer of, any of the remaining property or liabilities to another NHS foundation trust, an NHS trust established under section 25 or the Secretary of State , (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) The order may include provision for the transfer of employees of the trust or trusts dissolved by the order. (4) In sections 56(2) and 56B(3) , and subsections (1) and (2) of this section, “ liabilities ” includes criminal liabilities; and an order under subsection (3) of this section may transfer any remaining criminal liabilities to another NHS foundation trust or an NHS trust established under section 25 . (5) Where one of the parties to an application under section 56 or 56A is an NHS trust, the powers conferred on the Secretary of State or NHS England by Part 3 of Schedule 4 are not exercisable in relation to the trust. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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