The legal framework provided by the Mental Capacity Act 2005 is supported by this Code of Practice (the Code), which provides guidance and information about how the Act works in practice.
Section 42 of the Act requires the Lord Chancellor to produce a Code of Practice for the guidance of a range of people with different duties and functions under the Act.
Before the Code is prepared, section 43 requires that the Lord Chancellor must have consulted the National Assembly for Wales and such other persons as he considers appropriate.
The Code is also subject to the approval of Parliament and must have been placed before both Houses of Parliament for a 40-day period without either House voting against it.
This Code of Practice has been produced in accordance with these requirements.
The Code has statutory force, which means that certain categories of people have a legal duty to have regard to it when working with or caring for adults who may lack capacity to make decisions for themselves.
Send your comments to [email protected] using the form below.
The deadline for responses is Friday the 22nd of February.
- The Society will only produce ONE response to any consultation.
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- Responses on behalf of particular Divisions / Faculties /Member Networks are not permitted under any circumstances.
- Please do refer to the British Psychological Society Consultation Processes document which is attached before writing and sending any comments
- Please ensure that all comments are based on Published Evidence and not solely on Clinical opinion