§ Kate HoeyTo ask the Secretary of State for Health whether, following the decision not to award King's College Hospital Trust foundation status, the elections held so far will be declared void. [185637]
§ Mr. Hutton[holding answer 21 July 2004]: Section 4(1) of the Health and Social Care (Community Health and Standards) Act 2003 provides that a national health service trust may make an application to the independent regulator for authorisation to become a NHS foundation trust, if the application is supported by the Secretary of State. Section 4(4)(a) provides that once a NHS trust has made this application, the provisions of the trust's proposed constitution will have effect for the purpose of establishing an initial membership, electing a board of governors and appointing a board of directors, and enabling boards to make preparations for the performance of their functions. Applicant trusts are expected to implement their governance arrangements while the independent regulator considers their application.
The independent regulator has deferred consideration of the application made by King's College Hospital NHS Trust for authorisation on 1 July. The chairman of the independent regulator has asked the trust to submit further evidence by the end of the year, against which he will consider the application for authorisation. Therefore, prospective NHS foundation trust functions arising from that application continue to exist.