Schedules Schedule 1: Schedule to be inserted as Schedule AA1 to the Mental Capacity Act 2005 Part 1: Introductory and interpretation
Paragraph 1 describes the contents of Schedule AA1.
	Paragraph 2 sets out the arrangements and the persons that are within the scope of the Schedule. Schedule AA1 applies to the arrangements for enabling the care or treatment of a "cared-for person" which give rise to a deprivation of that person’s liberty, and are not mental health arrangements under Part 7. A "cared-for person" is defined in sub-paragraph (2) as a person who is aged 16 or over, lacks capacity to consent to the arrangements and has a mental disorder.
	Schedule AA1 applies to arrangements enabling care or treatment to be provided, rather than to the direct delivery of the care and treatment. The delivery of the person’s care and treatment would be governed by section 5 of the MCA. Schedule AA1 could be used to authorise arrangements which enable that care or treatment to be given.
	Paragraph 2(3) provides examples of what kind of arrangements could be authorised, such as arrangements for the person to reside in and receive care or treatment at a particular place.
	Paragraph 3 sets out key definitions for the purposes of Schedule AA1.
	Paragraph 4 sets out the meaning of "local authority" for the purposes of Schedule AA1.
	Paragraph 5 sets out the meaning of "NHS hospital" and "independent hospital"
	Paragraph 6 identifies the responsible body in the case of a particular individual. The effect of paragraph 6 is that the "hospital manager" (as further defined in paragraph 7) is responsible for authorising arrangements carried out mainly in an NHS hospital. If the arrangements are being carried out mainly in an independent hospital, the responsible body will be the responsible local authority (in England) or Local Health Board (in Wales). In the case of arrangements carried out through NHS continuing health care (but not mainly in a hospital), the responsible body is the relevant clinical commissioning group (in England) or Local Health Board (in Wales). A local authority is the responsible body in all other cases, including where care is arranged by the local authority, and where care is provided to people paying for their own care (self-funders).
	Paragraph 6(2) specifies that if an independent hospital is located in the area of two or more Local Health Boards, the Local Health Board in whose area the greatest part of the hospital is situated will be responsible.
	Paragraph 7 defines a "hospital manager" in relation to an NHS hospital for the purposes of paragraph 6. This is the NHS body that manages an NHS hospital or, in certain cases, the Secretary of State or Welsh Ministers.
	Paragraph 8 provides that the meaning of "NHS continuing healthcare" should be construed in accordance with standing rules under section 6E of the National Health Service Act 2006.
	Paragraph 9 identifies which local authority is the responsible local authority if the arrangements are being carried out mainly in an independent hospital in England. Paragraph 10 identifies which local authority is the responsible local authority for the purposes of paragraph 6(1)(e). Paragraph 10(1) defines "responsible local authority" in relation to people aged over 18, and sub-paragraph (3) defines "responsible local authority" in relation to people aged 16 and 17. For most people who fall within paragraph 6(1)(e), the responsible body will be the local authority in which the individual is ordinarily resident for social care purposes.
	Paragraphs 11 and 12 define "English responsible body" and "Welsh responsible body" respectively.