Part X Miscellaneous and Supplementary

Supplemental

145 Interpretation.

(1)

In this Act, unless the context otherwise requires—

“absent without leave” has the meaning given to it by section 18 above and related expressions shall be construed accordingly;

“application for admission for assessment” has the meaning given in section 2 above;

“application for admission for treatment” has the meaning given in section 3 above;

“approved social worker” means an officer of a local social services authority appointed to act as an approved social worker for the purposes of this Act;

F1“care home” has the same meaning as in the Care Standards Act 2000

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3“high security psychiatric services” has the same meaning as in the F4section 4 of the National Health Service Act 2006 or section 4 of the National Health Service (Wales) Act 2006,

“hospital” means—

(a)

any health service hospital within the meaning of the F5National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ; and

(b)

any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under that Act;

“hospital within the meaning of Part II of this Act” has the meaning given in section 34 above;

F6“hospital direction” has the meaning given in section 45A(3)(a) above;

“hospital order” and “guardianship order” have the meanings respectively given in section 37 above;

F7“independent hospital” has the same meaning as in the Care Standards Act 2000;

“interim hospital order” has the meaning given in section 38 above;

F6“limitation direction” has the meaning given in section 45A(3)(b) above;

“local social services authority” means a council which is a local authority for the purpose of the M1Local Authority Social Services Act 1970;

“the managers” means—

(a)

in relation to a hospital vested in the Secretary of State for the purposes of his functions under F8the National Health Service Act 2006, or in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006, and in relation to any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under F9the National Health Service Act 2006, or of the Welsh Ministers under the National Health Service (Wales) Act 2006, , the F10F11Primary Care Trust,F12Strategic Health Authority,Health Authority or Special Health Authority responsible for the administration of the hospital;

F13(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(bb)

in relation to a hospital vested in F15a Primary Care Trust or a National Health Service trust, F16. . . the trust

F17(bc)

in relation to a hospital vested in an NHS foundation trust, the trust;

F18(c)

in relation to a registered establishment, the person or persons registered in respect of the establishment;

and in this definition “hospital” means a hospital within the meaning of Part II of this Act;

“medical treatment” includes nursing, and also includes care, habilitation and rehabilitation under medical supervision;

“mental disorder”, “severe mental impairment”, “mental impairment” and “psychopathic disorder” have the meanings given in section 1 above;

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“nearest relative”, in relation to a patient, has the meaning given in Part II of this Act;

“patient” (except in Part VII of this Act) means a person suffering or appearing to be suffering from mental disorder;

  • F20“Primary Care Trust” means a Primary Care Trust established under F21section 18 of the National Health Service Act 2006;

    F22“registered establishment” has the meaning given in section 34 above;

    F23“the responsible after-care bodies” has the meaning given in section 25D above;

    “restriction direction” has the meaning given to it by section 49 above;

    “restriction order” has the meaning given to it by section 41 above;

    F24“Special Health Authority” means a Special Health Authority established under F25section 28 of the National Health Service Act 2006, or section 22 of the National Health Service (Wales) Act 2006;

    F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F27“Strategic Health Authority” means a Strategic Health Authority established under F28section 13 of the National Health Service Act 2006;

    F29“supervision application” has the meaning given in section 25A above;

    F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    “transfer direction” has the meaning given to it by section 47 above.

F31(1AA)

Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act.

F32(1A)

References in this Act to a patient being subject to after-care under supervision (or to after-care under supervision) shall be construed in accordance with section 25A above.

F33(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In relation to a person who is liable to be detained or subject to guardianship by virtue of an order or direction under Part III of this Act (other than under section 35, 36 or 38), any reference in this Act to any enactment contained in Part II of this Act or in section 66 or 67 above shall be construed as a reference to that enactment as it applies to that person by virtue of Part III of this Act.