s 113 Orders under section 112: criteria for deciding applicable trusts
(1) Where the Secretary of State proposes to make an order under section 112, the Secretary of State must notify NHS England . (2) NHS England , having received a notification under subsection (1), must set the criteria that are to be applied for the purpose of determining to which NHS foundation trusts the order should apply. (3) Before setting criteria under subsection (2), NHS England must— (a) consult the Care Quality Commission and such other persons as NHS England considers appropriate, and (b) obtain the approval of the Secretary of State. (4) If the Secretary of State approves the proposed criteria, NHS England must— (a) publish the criteria, (b) determine, by applying the criteria, to which trusts the order should apply, (c) notify the Secretary of State of its determination, and (d) publish a list of the trusts concerned. (5) If the Secretary of State does not approve the proposed criteria, NHS England must propose revised criteria; and subsections (3)(b) and (4) apply in relation to the proposed revised criteria as they apply in relation to the criteria previously proposed. (6) The Secretary of State, having received a notification under subsection (4)(c), must review NHS England’s determination under subsection (4)(b).