Mental Capacity Act 2005

This section has no associated Explanatory Notes

[F1180(1)The identity of the supervisory body is determined under this paragraph in cases where the relevant hospital is situated in England.E+W

[F2(2)If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.]

(3)If[F3the relevant person is not ordinarily resident in England and] the National Assembly for Wales or a Local Health Board commission the relevant care or treatment, the National Assembly are the supervisory body.

(4)In any other case, the supervisory body are [F4the local authority] for the area in which the relevant hospital is situated.

[F5(4A)Local authority” means—

(a)the council of a county;

(b)the council of a district for which there is no county council;

(c)the council of a London borough;

(d)the Common Council of the City of London;

(e)the Council of the Isles of Scilly.]

(5)If a hospital is situated in the areas of two (or more) [F6local authorities], it is to be regarded for the purposes of sub-paragraph (4) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated.]

Textual Amendments

F1 Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )