Section 289 Effect of code

I1(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.

Annotations

Commencement

I1: 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)