The local authority empowered under this Part of this Act to provide residential accommodation for any person shall subject to the following provisions of this Part of this Act be the authority in whose area the person is ordinarily resident.
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Where a person in the area of a local authority—
the authority shall have the like power to provide residential accommodation for him as if he were ordinarily resident in their area.
Subject to and in accordance with the arrangements under section twenty-one of this Act, a local authority shall have power, as respects a person ordinarily resident in the area of another local authority, including a local authority in England, with the consent of that other authority to provide residential accommodation for him in any case where the authority would have a duty to provide such accommodation if he were ordinarily resident in their area.
Where a person is provided with residential accommodation under this Part of this Act, he shall be deemed for the purposes of this Act to continue to be ordinarily resident in the area in which he was ordinarily resident immediately before the residential accommodation was provided for him.
For the purposes of the provision of residential accommodation under this Part, a patient (“P”) for whom NHS accommodation is provided shall be deemed to be ordinarily resident in the area, if any, in which P was resident before the NHS accommodation was provided for P, whether or not P in fact continues to be ordinarily resident in that area.
In subsection (6) “NHS accommodation” means—
The reference in subsection (6A)(b) to accommodation provided by a clinical commissioning group or ... includes a reference to accommodation—
The references in subsections (6A) and (6B) to a clinical commissioning group are, so far as necessary for the purposes of regulations under section 117(2E) of the Mental Health Act 1983, to be read as references to the National Health Service Commissioning Board.
In subsection (6) above “NHS trust” means a National Health Service trust established under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 or under the National Health Service (Scotland) Act 1978 , and “Primary Care Trust” means a Primary Care Trust established under section 18 of the National Health Service Act 2006..