SCHEDULES

SCHEDULE A1F1Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F1

Sch. 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)

F1Part 13Interpretation

Supervisory bodies: care homes

182

1

The identity of the supervisory body is determined under this paragraph in cases where the relevant care home is situated in England or in Wales.

2

The supervisory body are the local authority for the area in which the relevant person is ordinarily resident.

3

But if the relevant person is not ordinarily resident in the area of a local authority, the supervisory body are the local authority for the area in which the care home is situated.

4

In relation to England “ 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

In relation to Wales “ local authority ” means the council of a county or county borough.

6

If a care home is situated in the areas of two (or more) local authorities, it is to be regarded for the purposes of sub-paragraph (3) as situated in whichever of the areas the greater (or greatest) part of the care home is situated.