# Mental Capacity Act 2005, Paragraph 5


(1) “NHS hospital” means—
(a) a health service hospital as defined by section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006, or
(b) a hospital as defined by section 206 of the National Health Service (Wales) Act 2006 vested in a Local Health Board.
(2) “Independent hospital”—
(a) in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not an NHS hospital, and
(b) in relation to Wales, means a hospital as defined by section 2 of the Care Standards Act 2000 that is not an NHS hospital.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/schedule/AA1/paragraph/5 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/schedule-AA1/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.