SCHEDULES
F1SCHEDULE A1Hospital and care home residents: deprivation of liberty
Part 13Interpretation
F2Supervisory bodies: determination of place of ordinary residence
Sch. A1 para. 183 heading inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(5); S.I. 2013/160, art. 2(2) (with arts. 7-9)
183
F5 1
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F32A
Section 39(1), (2) and (4) to (6) of the Care Act 2014 and paragraphs 1(1), 2(1) and 8 of Schedule 1 to that Act apply to any determination of where a person is ordinarily resident for the purposes of paragraphs 180, 181 and 182 as they apply for the purposes of Part 1 of that Act.
F42B
Section 194(1), (2), (4) and (5) of the Social Services and Well-being (Wales) Act 2014 apply to a determination of where a person is ordinarily resident for the purposes of paragraphs 180, 181 and 182 as it applies for the purposes of that Act.
3
Any question arising as to the ordinary residence of a person is to be determined by the Secretary of State or by the National Assembly for Wales.
4
The Secretary of State and the National Assembly must make and publish arrangements for determining which cases are to be dealt with by the Secretary of State and which are to be dealt with by the National Assembly.
5
Those arrangements may include provision for the Secretary of State and the National Assembly to agree, in relation to any question that has arisen, which of them is to deal with the case.
6
Regulations may make provision about arrangements that are to have effect before, upon, or after the determination of any question as to the ordinary residence of a person.
7
The regulations may, in particular, authorise or require a local authority to do any or all of the following things—
a
to act as supervisory body even though it may wish to dispute that it is the supervisory body;
b
to become the supervisory body in place of another local authority;
c
to recover from another local authority expenditure incurred in exercising functions as the supervisory body.
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 )