debate
The future of winding up provisions for foundation hospitals – a
key concern for lessors – is to form a key part of draft
legislation due to be drawn up in the next session of
parliament.
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The Department of Health is committed to producing an NHS Reform
Bill in the next session of parliament, and it appears that the
opportunity may at last be taken to include statutory winding-up
provisions for foundation hospitals (FTs) in this Bill.
Lessors have been waiting for months for a government response
as to whether their assets will be governmentsecured if they enter
the winding-up process.
In the absence of a special statutory winding-up regime, the
failure of an FT would have to be dealt with under the ordinary
provisions of UK corporate insolvency law.
Some lessors have never been convinced that the DoH fully
understands the possible implications of this, and whether it would
wish to see asset finance facilities for the NHS having to reflect
the resulting degree of credit risk.
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By GlobalDataAndy Thompson
