Commentary on Sections Part 2 – Powers in Relation to Health Bodies Chapter 1 – Powers in Relation to Failing NHS Bodies in England Section 16 and Schedule 2: Trust special administrators: NHS trusts and NHS foundation trusts
204.Section 16 inserts a new Chapter 5A into the NHS Act (sections 65A to 65O). The new sections provide for the Secretary of State to appoint Trust Special Administrators (TSAs) to NHS trusts and NHS foundation trusts; for the de-authorisation of NHS foundation trusts; and for the functions of the TSA during the period of appointment. In particular, provision is made for consultation by the TSA, the preparation of a draft report making recommendations to the Secretary of State and a final decision by the Secretary of State in relation to the trust. Section 16 and Schedule 2 make further provision for de-authorised NHS foundation trusts.