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.
Commencement Information
I1S. 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)