{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-289",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-289.json",
  "legislation": "nia/2016/18",
  "legislation_title": "Mental Capacity Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016",
  "path": "section/289",
  "kind": "section",
  "number": "289",
  "heading": "Effect of code",
  "text": "(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.\n(2) The ways of acting are—\n(a) in a professional capacity;\n(b) for remuneration;\n(c) as an independent mental capacity advocate;\n(d) as an attorney under a lasting power of attorney or an enduring power of attorney;\n(e) as a deputy appointed by the court;\n(f) as a person carrying out research in reliance on any provision made by or under this Act (see Part 8).\n(3) If it appears to a court or tribunal conducting any criminal or civil proceedings that—\n(a) a provision of a code of practice, or\n(b) a failure to comply with a code of practice,\nis relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.\n(4) In this section “code of practice” means a code of practice under section 288.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/section/289",
    "retrieved_at": "2026-10-29T20:19:54.781348+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}