ABSTRACT
Although the Code is very long, it is written in an easy style and contains many examples so it should be accessible to anyone working within the provisions of the Mental Capacity Act.
Another situation that staff working with the Mental Capacity Act should be aware of, is that Section 42(5) makes the Code relevant to some court and tribunal situations. It states:
‘If it appears to a court or tribunal conducting any criminal or civil proceedings that:
(a) a provision of a code, or (b) a failure to comply with a code,
is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.’
