Part 1: Health Service in England: Integration, Collaboration and Other Changes NHS Trusts Section 58: NHS Trusts: conversion to NHS foundation trusts and dissolution
Subsection (2) amends section 33 of the NHS Act 2006 so that an application by an NHS Trust to become a Foundation Trust, no longer requires the support of the Secretary of State. Subsection (3) amends section 35 of the NHS Act 2006 so that authorisation may only be given for Foundation Trust status if the Secretary of State approves the authorisation and NHS England, having taken on the role of regulator, is satisfied of matters contained in section 35(2), which were matters that Monitor previously needed to be satisfied with before authorising an NHS trust to become a Foundation Trust.
	Subsection (5) also amends paragraphs 28, 29 and 30 of Schedule 4 to the NHS Act 2006. The amendment in paragraph 28 gives NHS England the power to dissolve an NHS trust on the approval of the Secretary of State and allows NHS England or the Secretary of State to make the order for dissolution if either consider it appropriate to do so. Neither the Secretary of State nor NHS England may make a dissolution order until after the completion of a consultation as may be prescribed, save for where it appears to either of them that the order needs to be made as a matter of urgency or where the order is made following the publication of a final report from a trust special administrator under section 65I(3) of the NHS Act 2006.