Commentary on Sections Functions Section 16: Protection of property
84.This section provides a ‘lock’ on any assets of an NHS foundation trust that are needed for the provision of goods or services required under its authorisation.
85.The section allows the Independent Regulator to designate property as “protected” if it considers that the property is needed for the provision of: goods or services that the NHS foundation trust must provide to the NHS in England; research the trust is required to carry out, or staff and facilities that the trust is required to make available for the purposes of education, training and research under its authorisation.
86.If property is designated as protected in this way, an NHS foundation trust may not dispose of it without the Independent Regulator’s approval.