MCA 2005 s42
Codes of practice
42.—(1) The Lord Chancellor must prepare and issue one or more codes of practice-
- (a) for the guidance of persons assessing whether a person has capacity in relation to any matter,
- (b) for the guidance of persons acting in connection with the care or treatment of another person (see section 5),
- (c) for the guidance of donees of lasting powers of attorney,
- (d) for the guidance of deputies appointed by the court,
- (e) for the guidance of persons carrying out research in reliance on any provision made by or under this Act (and otherwise with respect to sections 30 to 34),
- (f) for the guidance of independent mental capacity advocates,
- [(fa) for the guidance of persons exercising functions under Schedule A1,
- (fb) for the guidance of representatives appointed under Part 10 of Schedule A1,]
- (g) with respect to the provisions of sections 24 to 26 (advance decisions and apparent advance decisions), and
- (h) with respect to such other matters concerned with this Act as he thinks fit.
(2) The Lord Chancellor may from time to time revise a code.
(3) The Lord Chancellor may delegate the preparation or revision of the whole or any part of a code so far as he considers expedient.
(4) It is the duty of a person to have regard to any relevant code if he is acting in relation to a person who lacks capacity and is doing so in one or more of the following ways-
- (a) as the donee of a lasting power of attorney,
- (b) as a deputy appointed by the court,
- (c) as a person carrying out research in reliance on any provision made by or under this Act (see sections 30 to 34),
- (d) as an independent mental capacity advocate,
- [(da) in the exercise of functions under Schedule A1,
- (db) as a representative appointed under Part 10 of Schedule A1,]
- (e) in a professional capacity,
- (f) for remuneration.
(5) If it appears to a court or tribunal conducting any criminal or civil proceedings that-
- (a) a provision of a code, or
- (b) a failure to comply with a code,
is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.
(6) A code under subsection (1)(d) may contain separate guidance for deputies appointed by virtue of paragraph 1(2) of Schedule 5 (functions of deputy conferred on receiver appointed under the Mental Health Act).
(7) In this section and in section 43, "code" means a code prepared or revised under this section.