http://www.legislation.gov.uk/ukpga/2005/9/section/43/enactedMental Capacity Act 2005Medical and psychiatric treatmentIncapacityKing's Printer of Acts of Parliament2021-08-04
Mental Capacity Act 2005s. 58(4)(ca)Powers of Attorney Act 2023Sch. para. 10s. 3(5)Mental Capacity Act 2005Sch. 1 para. 4APowers of Attorney Act 2023Sch. para. 3s. 3(5)Mental Capacity Act 2005Sch. 1 para. 10A and cross-headingPowers of Attorney Act 2023Sch. para. 6s. 3(5)Mental Capacity Act 2005Sch. 1 para. 13APowers of Attorney Act 2023Sch. para. 7(2)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 16(1A)Powers of Attorney Act 2023Sch. para. 8(b)s. 3(5)Mental Capacity Act 2005s. 4CMental Capacity (Amendment) Act 2019s. 1(3)s. 6(3)Mental Capacity Act 2005s. 21ZA and cross-headingMental Capacity (Amendment) Act 2019s. 3s. 6(3)Mental Capacity Act 2005s. 36(2)(da)Mental Capacity (Amendment) Act 2019Sch. 2 para. 4(4)s. 6(3)Mental Capacity Act 2005s. 42(1A)Mental Capacity (Amendment) Act 2019s. 4(2)s. 6(3)Mental Capacity Act 2005s. 42(2A)(2B)Mental Capacity (Amendment) Act 2019s. 4(3)s. 6(3)
Part 1Persons who lack capacityMiscellaneous and supplementaryCodes of practice: procedure
43
1
Before preparing or revising a code, the Lord Chancellor must consult—
a
the National Assembly for Wales, and
b
such other persons as he considers appropriate.
2
The Lord Chancellor may not issue a code unless—
a
a draft of the code has been laid by him before both Houses of Parliament, and
b
the 40 day period has elapsed without either House resolving not to approve the draft.
3
The Lord Chancellor must arrange for any code that he has issued to be published in such a way as he considers appropriate for bringing it to the attention of persons likely to be concerned with its provisions.
4
“40 day period”, in relation to the draft of a proposed code, means—
a
if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days;
b
in any other case, the period of 40 days beginning with the day on which it is laid before each House.
5
In calculating the period of 40 days, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.