Paragraph 6 F1

(1)

The responsible body, in relation to a cared-for person, means—

(a)

if the arrangements are carried out mainly in an NHS hospital, the hospital manager;

(b)

if the arrangements are carried out mainly in an independent hospital in England, the responsible local authority determined in accordance with paragraph 9;

(c)

if the arrangements are carried out mainly in an independent hospital in Wales, the Local Health Board for the area in which the hospital is situated;

(d)

if none of paragraphs (a) to (c) applies and the arrangements are carried out mainly through—

(i)

the provision of NHS continuing healthcare under arrangements made by F2an integrated care board, or

(ii)

in Wales, the provision of an equivalent to NHS continuing healthcare under arrangements made by a Local Health Board,

that F3integrated care board or Local Health Board;

(e)

if none of paragraphs (a) to (d) applies, the responsible local authority determined in accordance with paragraph 10.

(2)

If an independent hospital is situated in the areas of two or more Local Health Boards, it is to be regarded for the purposes of sub-paragraph (1)(c) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated.

Annotations

Textual amendments

F1: Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1
F2: Words in Sch. AA1 para. 6(1)(d)(i) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 82(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: Words in Sch. AA1 para. 6(1)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 82(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)