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The directions enable the NHS Trust Development Authority (NHS TDA) to assume certain functions currently or previously managed by the Department of Health, strategic health authorities and the Appointments Commission. Two previous sets of directions are being revoked and their contents incorporated into these ones.
The amendment requires the NHS TDA and Care Quality Commission to work together where there are concerns about the quality of care at NHS Trusts. This is to agree on whether the NHS TDA should make a recommendation to the Secretary of State to trigger the Trust Special Administrator’s Regime.
The 2015 Amendment Directions make it clear that the NHS TDA can undertake functions in relation to acquisition transactions involving a NHS trust which is being implemented under the powers in section 56A of the NHS Act 2006. This brings the 2013 Directions into line with TDA functions which already exist in relation to mergers implemented under section 56.