SCHEDULES
SCHEDULE A1F7Hospital and care home residents: deprivation of liberty
F7Part 13Interpretation
Supervisory bodies: hospitals
180
1
The identity of the supervisory body is determined under this paragraph in cases where the relevant hospital is situated in England.
F22
If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.
3
IfF3the 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.
F14A
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) F5local 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.
181
1
The identity of the supervisory body is determined under this paragraph in cases where the relevant hospital is situated in Wales.
2
The National Assembly for Wales are the supervisory body.
F63
But if the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.
4
“
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.
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)