Adults with Incapacity (Scotland) Act 2000

SCHEDULE 1 S MANAGERS OF AN ESTABLISHMENT

(introduced by section 35)

1 S For the purposes of Part 4 “the managers” of an establishment means—

(a) in relation to a hospital vested in the Scottish Ministers under the National Health Service (Scotland) Act 1978 (c.29), the Health Board responsible for the administration of that hospital;

(b) in relation to a hospital managed by a National Health Service trust established under section 12A of the said Act of 1978, the directors of the trust;

(c) in relation to a State hospital—

(i) the Scottish Ministers; or

(ii) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) if the management of that hospital has been delegated to a Health Board, to a Special Health Board, to a National Health Service trust or to the Common Services Agency for the Scottish Health Service, that Board, trust or Agency, as the case may be, or any person appointed by the Board, trust or agency, as the case may be, to manage the hospital;

[F2 (d) in relation to a care service or limited registration service—

(i) the person identified under section 7(2)(b) of the Regulation of Care (Scotland) Act 2001 (asp 8) in the application for registration of the service;

(ii) if the application is made under section 33(1) of that Act, the local authority or any person appointed by the local authority to manage the service; or

(iii) if another person has been identified in pursuance of regulations under section 29(7)(j) of that Act, the other person so identified,

and in paragraph (d) above “care service" and “limited registration service" have the same meanings as in the Regulation of Care (Scotland) Act 2001.]

Textual Amendments

F1 Sch. 1 para. 1(c)(ii) and following word repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(2), 333(2)-(4), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3

F2 Sch. 1: words in para. 1 substituted (1.4.2002) "for paragraphs (d) to (g)" by virtue of 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 23(6); S.S.I. 2002/162, art. 2

2 S The Scottish Ministers may by regulations amend the list of managers in paragraph 1.