PART 15

SUPPLEMENTARY

Codes of practice

Effect of code
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.
S. 289(1)(2)(a)(b)(3)(4) in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)