Mental Capacity Act 2005 (c. 9)

SCHEDULES

[F1 SCHEDULE AA1 U.K. Deprivation of liberty: authorisation of arrangements enabling care and treatment

Textual Amendments

F1 Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1

Part 1 U.K. Introductory and interpretation

Responsible body U.K.

7 (1) “Hospital manager”, in relation to an NHS hospital, means— U.K.

(a) if the hospital—

(i) is vested in a relevant national authority for the purposes of its functions under the National Health Service Act 2006 or 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 a relevant national authority under either of those Acts,

the Local Health Board or Special Health Authority responsible for the administration of the hospital;

(b) 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;

(c) if the hospital is vested in an NHS trust or an NHS foundation trust, that trust;

(d) if the hospital is vested in a Local Health Board, that Board.

(2) In sub-paragraph (1) “relevant national authority” means—

(a) the Secretary of State,

(b) the Welsh Ministers, or

(c) the Secretary of State and the Welsh Ministers acting jointly.]