PARLIAMENTARY WRITTEN QUESTION
NHS Foundation Trusts (8 May 2018)

To ask the Secretary of State for Health and Social Care, how many Foundation Trusts that have set up wholly owned companies (WOC) have been required to agree changes to their terms of authorisation to protect assets that transfer to the WOC.

Asked by:
Karin Smyth (Labour)

There is no requirement to change the terms of authorisation when setting up a wholly owned subsidiary and therefore, the Department does not hold the information requested. If trusts hold community interest assets then these are considered public assets and cannot be sold unless subject to a Departmental/Secretary of State approval, however this is only a limited number of assets.

For other assets trusts should consider whether transactions are ‘reportable’ under the transactions guidance and therefore would be subject to a review if above the thresholds outlined.

NHS Improvement has committed to:

- The proposed creation of subsidiary companies becoming a reportable transaction to NHS Improvement under the Transactions Guidance, irrespective of size; and

- A requirement for trusts to inform NHS Improvement of any subsequent changes to these companies.

Answered by:
Steve Barclay (Conservative)
11 May 2018