s 88 Application and grant: NHS foundation trusts
(1) This section applies where— (a) an NHS trust becomes an NHS foundation trust in pursuance of section 36 of the National Health Service Act 2006 (effect of authorisation of NHS foundation trust), or (b) an NHS foundation trust is established under sections 56 or 56B of that Act (mergers and separations). (2) The NHS foundation trust is to be treated by NHS England as having— (a) duly made an application for a licence under section 85, and (b) met the criteria for holding a licence for the time being published under section 86. (3) An NHS foundation trust in existence on the day on which this section comes into force is to be treated for the purposes of this section as having become an NHS foundation trust pursuant to section 36 of the National Health Service Act 2006 on that day.