Reference to Local Health Boards inserted into Act

This is relevant to the way the NHS is organised in parts of Wales.

Extract from Explanatory Notes

Section 46: Local Health Boards

182. Section 46 adds a reference to LHBs to the definition of "the managers" of hospitals in section 145(1) of the 1983 Act. Hospital managers have a variety of functions under the 1983 Act and the definition of "the managers" identifies the body or people who are the managers of each hospital, depending on who owns or runs it.

183. LHBs are statutory NHS bodies established by Welsh Ministers under section 11 of the National Health Service (Wales) Act 2006.

184. Most hospitals in Wales are vested in NHS trusts, but in Powys they are vested in the LHB established for that area. In the 1983 Act, LHBs are not specifically mentioned in the definition of "the managers". Subsection (1) of section 46 accordingly provides that, for the purposes of the 1983 Act, LHBs are the managers of hospitals vested in those Boards.

185. Subsection (2) makes an equivalent addition to section 19(3) of the 1983 Act clarifying that LHBs may also move such patients liable to be detained in one of their hospitals to another.

Commencement

Date in force	Commencement order	MHA 2007 section	MHA 1983 sections affected
1/10/07	Mental Health Act 2007 (Commencement No. 3) Order 2007	46	s19, s145

Resources

Mental Health Act 2007 Explanatory Notes - page 33

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