Textual Amendments
F1 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 )
175(1)“Hospital” means—
(a)an NHS hospital, or
(b)an independent hospital.
(2)“NHS hospital” means—
(a)a health service hospital as defined by section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006, or
(b)a hospital as defined by section 206 of the National Health Service (Wales) Act 2006 vested in a Local Health Board.
(3)“Independent hospital” means a hospital as defined by section 2 of the Care Standards Act 2000 which is not an NHS hospital.
176(1)“Managing authority”, in relation to an NHS hospital, means—E+W
(a)if the hospital—
(i)is vested in the appropriate national authority for the purposes of its functions under the National Health Service Act 2006 or of the National Health Service (Wales) Act 2006, or
(ii)consists of any accommodation provided by a local authority and used as a hospital by or on behalf of the appropriate national authority under either of those Acts,
the Primary Care Trust, Strategic Health Authority, Local Health Board or Special Health Authority responsible for the administration of the hospital;
(b)if the hospital is vested in a Primary Care Trust, National Health Service trust or NHS foundation trust, that trust;
(c)if the hospital is vested in a Local Health Board, that Board.
(2)For this purpose the appropriate national authority is—
(a)in relation to England: the Secretary of State;
(b)in relation to Wales: the National Assembly for Wales;
(c)in relation to England and Wales: the Secretary of State and the National Assembly acting jointly.]
177“Managing authority”, in relation to an independent hospital, means the person registered, or required to be registered, under Part 2 of the Care Standards Act 2000 in respect of the hospital.