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The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) (Wales) Regulations 2009

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PART 2Supervisory functions

Supervisory functions exercisable by Local Health Boards

3.—(1) Each Local Health Board will exercise the supervisory functions—

(a)in relation to any person who is, or is likely to be, accommodated in a hospital (whether NHS or independent hospitals) in its area for the purposes of receiving relevant care or treatment(1); and

(b)where the Local Health Board commissions relevant care or treatment for a person in a hospital (whether a NHS or independent hospital) in England in relation to that hospital.

(2) Where Welsh Ministers commission relevant care or treatment for a person who is, or is likely to be, accommodated in a hospital (whether a NHS or independent hospital) in England the supervisory body will be the Local Health Board for the area in which that person is usually resident.

(3) Subject to any directions given by Welsh Ministers, the supervisory functions exercisable by a Local Health Board may, by arrangement with that Board, and subject to such restrictions and conditions as the Board may think fit, be exercised—

(a)on behalf of that Board by a committee, sub-committee or officer of the Board;

(b)jointly with another Local Health Board;

(4) “Supervisory functions” (“swyddogaethau goruchwylio”) has the same meaning as in Schedule A1, paragraph 165(3) of the Act.

(1)

“relevant care or treatment” is defined in paragraph 7 of Schedule A1 to the Act.

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