SCHEDULES

F1SCHEDULE A1Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F1

Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )

Part 13Interpretation

Hospitals and their managing authorities

176

1

“ Managing authority ”, in relation to an NHS hospital, means—

a

if the hospital—

i

is vested in the appropriate national authority for the purposes of its functions under the National Health Service Act 2006 or of 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 the appropriate national authority under either of those Acts,

theF2... F3... Local Health Board or Special Health Authority responsible for the administration of the hospital;

F4aa

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;

b

if the hospital is vested in a F5 ... National Health Service trust or NHS foundation trust, that trust;

c

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

2

For this purpose the appropriate national authority is—

a

in relation to England: the Secretary of State;

b

in relation to Wales: the National Assembly for Wales;

c

in relation to England and Wales: the Secretary of State and the National Assembly acting jointly.