SCHEDULES
SCHEDULE A1F21Hospital and care home residents: deprivation of liberty
F21Part 13Interpretation
Introduction
174
This Part applies for the purposes of this Schedule.
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,
F7aa
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
F8
...
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
Care homes and their managing authorities
F19178
“Care home” means—
a
a care home in England within the meaning given by section 3 of the Care Standards Act 2000, and
b
a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over.
F3179
“
Managing authority
”, in relation to a care home, 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 the provision of residential accommodation, together with nursing or personal care, in the care home, and
b
in relation to Wales, the person registered, or required to be registered, F20under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of the care home.
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.
F102
If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.
3
IfF11the 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 F12the local authority for the area in which the relevant hospital is situated.
F94A
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) F13local 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.
F143
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.
Supervisory bodies: care homes
182
1
The identity of the supervisory body is determined under this paragraph in cases where the relevant care home is situated in England or in Wales.
2
The supervisory body are the local authority for the area in which the relevant person is ordinarily resident.
3
But if the relevant person is not ordinarily resident in the area of a local authority, the supervisory body are the local authority for the area in which the care home is situated.
4
In relation to England “
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
In relation to Wales “
local authority
” means the council of a county or county borough.
6
If a care home is situated in the areas of two (or more) local authorities, it is to be regarded for the purposes of sub-paragraph (3) as situated in whichever of the areas the greater (or greatest) part of the care home is situated.
F4Supervisory bodies: determination of place of ordinary residence
Sch. A1 para. 183 heading inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(5); S.I. 2013/160, art. 2(2) (with arts. 7-9)
183
F18
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F162A
Section 39(1), (2) and (4) to (6) of the Care Act 2014 and paragraphs 1(1), 2(1) and 8 of Schedule 1 to that Act apply to any determination of where a person is ordinarily resident for the purposes of paragraphs 180, 181 and 182 as they apply for the purposes of Part 1 of that Act.
F172B
Section 194(1), (2), (4) and (5) of the Social Services and Well-being (Wales) Act 2014 apply to a determination of where a person is ordinarily resident for the purposes of paragraphs 180, 181 and 182 as it applies for the purposes of that Act.
3
Any question arising as to the ordinary residence of a person is to be determined by the Secretary of State or by the National Assembly for Wales.
4
The Secretary of State and the National Assembly must make and publish arrangements for determining which cases are to be dealt with by the Secretary of State and which are to be dealt with by the National Assembly.
5
Those arrangements may include provision for the Secretary of State and the National Assembly to agree, in relation to any question that has arisen, which of them is to deal with the case.
6
Regulations may make provision about arrangements that are to have effect before, upon, or after the determination of any question as to the ordinary residence of a person.
7
The regulations may, in particular, authorise or require a local authority to do any or all of the following things—
a
to act as supervisory body even though it may wish to dispute that it is the supervisory body;
b
to become the supervisory body in place of another local authority;
c
to recover from another local authority expenditure incurred in exercising functions as the supervisory body.
Same body managing authority and supervisory body
184
1
This paragraph applies if, in connection with a particular person's detention as a resident in a hospital or care home, the same body are both—
a
the managing authority of the relevant hospital or care home, and
b
the supervisory body.
2
The fact that a single body are acting in both capacities does not prevent the body from carrying out functions under this Schedule in each capacity.
3
But, in such a case, this Schedule has effect subject to any modifications contained in regulations that may be made for this purpose.
Interested persons
185
Each of the following is an interested person—
a
the relevant person's spouse or civil partner;
F15b
where the relevant person and another person are not married to each other, nor in a civil partnership with each other, but are living together as if they were a married couple F22or civil partners: that other person;
d
the relevant person's children and step-children;
e
the relevant person's parents and step-parents;
f
the relevant person's brothers and sisters, half-brothers and half-sisters, and stepbrothers and stepsisters;
g
the relevant person's grandparents;
h
a deputy appointed for the relevant person by the court;
i
a donee of a lasting power of attorney granted by the relevant person.
186
1
An interested person consulted by the best interests assessor is any person whose name is stated in the relevant best interests assessment in accordance with paragraph 40 (interested persons whom the assessor consulted in carrying out the assessment).
2
The relevant best interests assessment is the most recent best interests assessment carried out in connection with the standard authorisation in question (whether the assessment was carried out under Part 4 or Part 8).
187
Where this Schedule imposes on a person a duty towards an interested person, the duty does not apply if the person on whom the duty is imposed—
a
is not aware of the interested person's identity or of a way of contacting him, and
b
cannot reasonably ascertain it.
188
The following table contains an index of provisions defining or otherwise explaining expressions used in this Schedule—
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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)