SCHEDULES
F1SCHEDULE A1Hospital and care home residents: deprivation of liberty
Part 13Interpretation
Supervisory bodies: care homes
182
1
The identity of the supervisory body is determined under this paragraph in cases where the relevant care home is situated in England or in Wales.
2
The supervisory body are the local authority for the area in which the relevant person is ordinarily resident.
3
But if the relevant person is not ordinarily resident in the area of a local authority, the supervisory body are the local authority for the area in which the care home is situated.
4
In relation to England “ 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
In relation to Wales “ local authority ” means the council of a county or county borough.
6
If a care home is situated in the areas of two (or more) local authorities, it is to be regarded for the purposes of sub-paragraph (3) as situated in whichever of the areas the greater (or greatest) part of the care home is situated.
Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )