View source for MCA s42 text

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'''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,]<ref name="MHA">[[Mental Health Act 2007]] s50; [[Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009]] wef 1/4/09</ref>

:(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,]<ref name="MHA"/>

:(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.

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