TSA powers increased after MP vote

Health Secretary Jeremy Hunt is to take on powers to allow him to shut down local hospitals even if they are performing well. 

Clause 119 will allow a hospital to be closed or downgraded if a neighbouring trust is having financial problems. 

In October 2013, the High Court ruled that Hunt had worked outside his authority in closing units at Lewisham hospital to save a neighbouring trust. 

The power was added to give trust special administrators (TSAs) the power to shut or downgrade any hospital or A&E department with 40 days’ notice.  However, the TSA will have to consult the public, commissioners and staff. 

A total of 297 MPs voted in favour of the clause, and 239 voted against it. 

A Department of Health spokesperson told the BBC that the clause would only ever be used as a "last resort".

"Changes to the special administrator regime will ensure that patients get safe care, and these powers have only ever been used in extremis twice since 2009.

"It is a process of last resort, when a hospital trust faces very serious financial or quality risks," the spokesman said.

Andy Burnham, the shadow Health Secretary, compared Hunt to a burglar “changing the law to get his way”.