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Mental Capacity Act 2005
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Changes to legislation:
Mental Capacity Act 2005, Paragraph 180 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
This section has no associated Explanatory Notes
[F1180(1)The identity of the supervisory body is determined under this paragraph in cases where the relevant hospital is situated in England.E+W
[F2(2)If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.]
(3)If[F3the 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 [F4the local authority] for the area in which the relevant hospital is situated.
[F5(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.]
(5)If a hospital is situated in the areas of two (or more) [F6local 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.]
Textual Amendments
F1Sch. 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)
F2Sch. A1 para. 180(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3Words in Sch. A1 para. 180(3) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in Sch. A1 para. 180(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(3)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Sch. A1 para. 180(4A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(3)(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6Words in Sch. A1 para. 180(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(3)(e); S.I. 2013/160, art. 2(2) (with arts. 7-9)
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