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(Ministry of Justice) Revising the Mental Capacity Act 2005 Code of Practice: Call for evidence

30 January 2019

The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. It sets out who can take decisions, in which situations, and how they should go about this. The Act received Royal Assent on 7 April 2005 and came into force during 2007.

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.

Getting Involved

Send your comments to [email protected] using the form below.

The deadline for responses is Friday the 22nd of February.

Please note:

  • The Society will only produce ONE response to any consultation.
  • Any response that goes under the Society logo MUST be signed off by the relevant Board Chair and Branch Chair in the case of Devolved Nations.
  • 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


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