Mental Capacity Act 2005 (c. 9)

SCHEDULES

SCHEDULE A1 E+W [F1 Hospital and care home residents: deprivation of liberty]

Textual Amendments

F1 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)

[F1 Part 13 E+W Interpretation

Hospitals and their managing authorities E+W

176 (1) “ Managing authority ”, in relation to an NHS hospital, means— E+W

(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,

theF2 ... F3 ... Local Health Board or Special Health Authority responsible for the administration of the hospital;

[F4 (aa) 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 F5 ... 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.]

Textual Amendments

F2 Words in Sch. A1 para. 176(1)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in Sch. A1 para. 176(1)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 Sch. A1 para. 176(1)(aa) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in Sch. A1 para. 176(1)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(2)(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)