# Mental Capacity Act (Northern Ireland) 2016, Section 289: Effect of code


(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.

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Source: https://www.legislation.gov.uk/nia/2016/18/section/289 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-289
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.