Search Legislation

The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendments of the Mental Capacity Act 2005

This section has no associated Explanatory Memorandum

17.—(1) The Mental Capacity Act 2005(1) is amended as follows.

(2) In section 35 (appointment of independent mental capacity advocates)(2), in subsection (6)(b)(iii), after “Care Standards Act 2000 (c. 14)” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.

(3) In section 38 (provision of accommodation by NHS body)(3), for subsection (7) substitute—

(7) “Hospital” means—

(a)in relation to England, a hospital as defined by section 275 of the National Health Service Act 2006; and

(b)in relation to Wales, a health service hospital as defined by section 206 of the National Health Service (Wales) Act 2006 or an independent hospital as defined by section 2 of the Care Standards Act 2000..

(4) In section 49 (power to call for reports), in subsection (7)(c), after “Care Standards Act 2000 (c. 14)” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.

(5) In section 58 (functions of the Public Guardian), in subsection (5)(c), after “Care Standards Act 2000 (c. 14)” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.

(6) In section 61 (Court of Protection Visitors), in subsection (5)(c), after “Care Standards Act 2000 (c. 14)” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”.

(7) In Schedule A1 (hospital and care home residents: deprivation of liberty)(4)—

(a)in Part 9 (assessments under this Schedule), in paragraph 131(c), after “Care Standards Act 2000” insert “or Chapter 2 of Part 1 of the Health and Social Care Act 2008”; and

(b)in Part 13 (interpretation)—

(i)for paragraph 175(3) substitute—

(3) 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.,

(ii)for paragraph 177, substitute—

177.  “Managing authority”, in relation to an independent hospital, means—

(a)in relation to England, the person registered, or required to be registered, under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of regulated activities (within the meaning of that Part) carried on in the hospital, and

(b)in relation to Wales, the person registered, or required to be registered, under Part 2 of the Care Standards Act 2000 in respect of the hospital..

(iii)for paragraph 179, substitute—

179.  “Managing authority”, in relation to a care home, means—

(a)in relation to England, the person registered, or required to be registered, under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of residential accommodation, together with nursing or personal care, in the care home, and

(b)in relation to Wales, the person registered, or required to be registered, under Part 2 of the Care Standards Act 2000 in respect of the care home..

(2)

There are amendments to section 35 which are not relevant to this Order.

(3)

Section 38(7) was amended by the National Health Service (Consequential Provisions) Act 2006 (c. 43), Schedule 1, paragraph 278.

(4)

Schedule A1 was inserted by the Mental Health Act 2007 (c. 12), Schedule 7.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources