Commentary on Sections Quality of Services Section 84 – Trust special administration: appointment of administrator
491.This section amends section 65D of the National Health Service Act 2006 (NHS foundation trusts: appointment of trust special administrator). The amendment will enable Monitor to make an order to authorise the appointment of a trust special administrator where it, or the CQC, is satisfied that there is a serious failure by an NHS foundation trust to provide health care services of sufficient quality and it is appropriate to make the order (subsections (2) and (3)). At present Monitor is only able to authorise the appointment of a trust special administrator in cases of insolvency.
492.Monitor may make an order when it is so satisfied, but must make the order when required to do so by the CQC.
493.Before requiring Monitor to make an order for the appointment of an administrator, the CQC will need to consult first the Secretary of State and Monitor, and then the foundation trust, the NHS Commissioning Board (known as NHS England) and any other person, for example a clinical commissioning group, to which the foundation trust provides services (subsection (4)).