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PART 15 N.I.SUPPLEMENTARY

Prospective

Codes of practiceN.I.

Effect of codeN.I.

289—(1) A person acting in any of the ways mentioned in subsection (2) in relation to a person who is 16 or over and lacks capacity must have regard to any relevant code of practice.

(2) The ways of acting are—

(a)in a professional capacity;

(b)for remuneration;

(c)as an independent mental capacity advocate;

(d)as an attorney under a lasting power of attorney or an enduring power of attorney;

(e)as a deputy appointed by the court;

(f)as a person carrying out research in reliance on any provision made by or under this Act (see Part 8).

(3) If it appears to a court or tribunal conducting any criminal or civil proceedings that—

(a)a provision of a code of practice, or

(b)a failure to comply with a code of practice,

is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.

(4) In this section “code of practice” means a code of practice under section 288.