SCHEDULES
SCHEDULE A1F5Hospital and care home residents: deprivation of liberty
F5Part 13Interpretation
Hospitals and their managing authorities
176
1
“
Managing authority
”, in relation to an
NHS
hospital, means—
a
if the hospital—
i
is vested in the appropriate national authority for the purposes of its functions under the National Health Service Act 2006 or of the National Health Service (Wales) Act 2006, or
ii
consists of any accommodation provided by a local authority and used as a hospital by or on behalf of the appropriate national authority under either of those Acts,
F3aa
in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special Health Authority has responsibility for its administration, the Secretary of State;
b
if the hospital is vested in a
F4
...
National Health Service trust or
NHS
foundation trust, that trust;
c
if the hospital is vested in a Local Health Board, that Board.
2
For this purpose the appropriate national authority is—
a
in relation to England: the Secretary of State;
b
in relation to Wales: the National Assembly for Wales;
c
in relation to England and Wales: the Secretary of State and the National Assembly acting jointly.
Sch. A1 omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(c)