Mental Capacity Act 2005
2005 CHAPTER 9
Commentary on Sections
Part 1: Persons Who Lack Capacity
Independent mental capacity advocate service
Section 42: Codes of practice
127.This section provides for the Lord Chancellor to make and revise a code or codes of practice to supplement the Act. Attorneys, deputies, professionals, paid workers, researchers and IMCAs acting on behalf of adults who lack capacity will be under an obligation to have regard to any relevant code. Any codes of practice issued will be allowed to be used as evidence in court or tribunal proceedings.
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