Mental Capacity Act 2005

[F1Supervisory bodies: hospitalsE+W

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 )

180(1)The identity of the supervisory body is determined under this paragraph in cases where the relevant hospital is situated in England.E+W

(2)If a Primary Care Trust commissions the relevant care or treatment, that Trust is the supervisory body.

(3)If 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 the Primary Care Trust for the area in which the relevant hospital is situated.

(5)If a hospital is situated in the areas of two (or more) Primary Care Trusts, 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.

181(1)The identity of the supervisory body is determined under this paragraph in cases where the relevant hospital is situated in Wales.E+W

(2)The National Assembly for Wales are the supervisory body.

(3)But if a Primary Care Trust commissions the relevant care or treatment, that Trust is the supervisory body.]