Paragraph 136 I1
Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.
In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—
in paragraph (a) omit “Primary Care Trust,”,
in that paragraph omit “Strategic Health Authority,”,
after that paragraph insert—
“(aa)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;”, and
in paragraph (b) omit “Primary Care Trust,”.
In paragraph 180 (supervisory bodies: hospitals in England)—
for sub-paragraph (2) substitute—
“(2)If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.”,
in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England and”,
in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,
after sub-paragraph (4) insert—
“(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.”, and
in sub-paragraph (5), for “Primary Care Trusts” substitute “local authorities”.
In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-paragraph (3) substitute—
“(3)But if the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.
(4)“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.”
Before paragraph 183 insert the following heading— “ Supervisory bodies: determination of place of ordinary residence ”.
In that paragraph—
in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, 181 and”, and
in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to any determination of where a person is ordinarily resident for the purposes of paragraph 182”.
Annotations
Commencement
- I1
Sch. 5 para. 136 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)