Amendments of the Mental Capacity Act 200517
1
The Mental Capacity Act 200526 is amended as follows.
2
In section 35 (appointment of independent mental capacity advocates)27, in subsection (6)(b)(iii), after “Care Standards Act 2000 (c. 14)” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.
3
In section 38 (provision of accommodation by NHS body)28, for subsection (7) substitute—
7
“Hospital” means—
a
in relation to England, a hospital as defined by section 275 of the National Health Service Act 2006; and
b
in relation to Wales, a health service hospital as defined by section 206 of the National Health Service (Wales) Act 2006 or an independent hospital as defined by section 2 of the Care Standards Act 2000.
4
In section 49 (power to call for reports), in subsection (7)(c), after “Care Standards Act 2000 (c. 14)” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.
5
In section 58 (functions of the Public Guardian), in subsection (5)(c), after “Care Standards Act 2000 (c. 14)” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.
6
In section 61 (Court of Protection Visitors), in subsection (5)(c), after “Care Standards Act 2000 (c. 14)” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.
7
In Schedule A1 (hospital and care home residents: deprivation of liberty)29—
a
in Part 9 (assessments under this Schedule), in paragraph 131(c), after “Care Standards Act 2000” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”; and
b
in Part 13 (interpretation)—
i
for paragraph 175(3) substitute—
3
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.
ii
for paragraph 177, substitute—
177
“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.
iii
for paragraph 179, substitute—
179
“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, under Part 2 of the Care Standards Act 2000 in respect of the care home.