SCHEDULES

SCHEDULE 5Part 1: amendments of other enactments

Mental Capacity Act 2005 (c. 9)

I1133

The Mental Capacity Act 2005 is amended as follows.

I2134

In section 35 (appointment of independent mental capacity advocates)—

a

in subsection (1), for “appropriate authority” substitute “responsible authority”,

b

in subsection (4), for “appropriate authority” substitute “responsible authority”, and

c

after subsection (6) insert—

6A

In subsections (1) and (4), “the responsible authority” means—

a

in relation to the provision of the services of independent mental capacity advocates in the area of a local authority in England, that local authority, and

b

in relation to the provision of the services of independent mental capacity advocates in Wales, the Welsh Ministers.

6B

In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales.

I3135

In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after “except in” insert “section 35(6A)(a) and”.

I4136

1

Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.

2

In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—

a

in paragraph (a) omit “Primary Care Trust,”,

b

in that paragraph omit “Strategic Health Authority,”,

c

after that paragraph insert—

aa

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;

d

in paragraph (b) omit “Primary Care Trust,”.

3

In paragraph 180 (supervisory bodies: hospitals in England)—

a

for sub-paragraph (2) substitute—

2

If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.

b

in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England and”,

c

in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,

d

after sub-paragraph (4) insert—

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.

e

in sub-paragraph (5), for “Primary Care Trusts” substitute “local authorities”.

4

In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-paragraph (3) substitute—

3

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.

5

Before paragraph 183 insert the following heading— “ Supervisory bodies: determination of place of ordinary residence ”.

6

In that paragraph—

a

in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, 181 and”, and

b

in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to any determination of where a person is ordinarily resident for the purposes of paragraph 182”.