Commentary on Sections Failure Section 26: Sections 24 and 25: supplementary
108.This section makes further provision about modification of the Insolvency Act 1986 under section 24, and the transfer of property, rights and liabilities under section 25(3).
109.Subsection (3) provides that an order made under section 25(3) must be exercised to secure the provision of essential NHS goods and services.
110.Subsection (4) requires the power in section 25(3) to be exercised in a way that does not result in a net loss of value to the trust. If necessary, this can be achieved through the use of the powers in section 11, which allow the Secretary to give financial assistance to NHS foundation trusts. Subsection 4 provides for regulations to set out how to determine whether a transfer would result in a net loss of value.