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<p>Following a consultation period, on 26 November 2018, NHS Improvement published
new guidance on the creation of subsidiaries by National Health Service trusts and
foundation trusts. The revised regulatory framework strikes a balance between what
NHS Improvement considers a sound commercial case for setting up subsidiaries and
respecting the NHS freedoms and ability to innovate.</p><p>The guidance states that
the trust board should certify that it is satisfied that it has “engaged staff in
decisions that affect them and the services they provide as pledged in the NHS Constitution,
and has plans to comply with any consultation requirements, including staff consultations.”</p>
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