Explanatory Notes

Mental Capacity Act 2005

2005 CHAPTER 9

7 April 2005

Commentary on Sections

Part 1: Persons Who Lack Capacity

Independent mental capacity advocate service

Section 42: Codes of practice

127.This section provides for the Lord Chancellor to make and revise a code or codes of practice to supplement the Act. Attorneys, deputies, professionals, paid workers, researchers and IMCAs acting on behalf of adults who lack capacity will be under an obligation to have regard to any relevant code. Any codes of practice issued will be allowed to be used as evidence in court or tribunal proceedings.