SCHEDULES

SCHEDULE A1F7Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F7

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)

F7Part 13Interpretation

Hospitals and their managing authorities

175

1

“ Hospital ” means—

a

an NHS hospital, or

b

an independent hospital.

2

“ NHS hospital ” means—

a

a health service hospital as defined by section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006, or

b

a hospital as defined by section 206 of the National Health Service (Wales) Act 2006 vested in a Local Health Board.

F13

Independent hospital”—

a

in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not an NHS hospital; and

b

in relation to Wales, means a hospital as defined by section 2 of the Care Standards Act 2000 that is not an NHS hospital.F1

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,

theF3... F4... Local Health Board or Special Health Authority responsible for the administration of the hospital;

F5aa

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 F6 ... 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.

F2177

“ Managing authority ”, in relation to an independent hospital, means—

a

in relation to England, the person registered, or required to be registered, under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of regulated activities (within the meaning of that Part) carried on in the hospital, and

b

in relation to Wales, the person registered, or required to be registered, under Part 2 of the Care Standards Act 2000 in respect of the hospital.F2