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Mental Capacity Act 2005

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[F1180(1)The identity of the supervisory body is determined under this paragraph in cases where the relevant hospital is situated in England.E+W

[F2(2)If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.]

(3)If[F3the relevant person is not ordinarily resident in England and] the National Assembly for Wales or a Local Health Board commission the relevant care or treatment, the National Assembly are the supervisory body.

(4)In any other case, the supervisory body are [F4the local authority] for the area in which the relevant hospital is situated.

[F5(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.]

(5)If a hospital is situated in the areas of two (or more) [F6local authorities], it is to be regarded for the purposes of sub-paragraph (4) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated.]

Textual Amendments

F1Sch. 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)

F3Words in Sch. A1 para. 180(3) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4Words in Sch. A1 para. 180(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(3)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6Words in Sch. A1 para. 180(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 136(3)(e); S.I. 2013/160, art. 2(2) (with arts. 7-9)

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