Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 15 – Supplementary

Section 288 – Codes of practice

This section places an obligation on the Department of Health to provide one or more codes of practice. It stipulates that the Department of Health must consult with relevant bodies before preparing or revising the code and must in particular consult the Department of Justice if the code contains specific provision about persons detained under Part 9 or 10; and that the Department of Health may delegate the preparation or revision of the code as it sees fit. The code, or any alterations of the code, must be laid before the Assembly for the statutory period required; and provided the Assembly does not resolve to withdraw the draft, the code must then be published.