Mental Capacity Act 2005—the codes of practice
Mental Capacity Act 2005—the codes of practice

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Mental Capacity Act 2005—the codes of practice
  • Mental Capacity Act 2005 Code of Practice
  • Duty to comply with the Mental Capacity Act 2005 Code of Practice
  • Departure from the Mental Capacity Act 2005 Code of Practice
  • Deprivation of liberty safeguards Code of Practice

On 1 April 2007, sections 42 and 43 of the Mental Capacity Act 2005 (MCA 2005) came into force. Between them these sections brought into operation a Code of Practice to guide all those involved with matters controlled by MCA 2005. MCA 2005, s 43 covered the procedure such as consultation that had to be dealt with before the code was adopted. As indicated these procedures were concluded and, in accordance with MCA 2005, s 42, a Code of Practice (the Code) was introduced.

That section indicates that there would be a number of codes but until 2008 it seemed that it was only ever intended that there should be one composite code. However, on 3 November 2008 a further code, the Deprivation of liberty safeguards Code of Practice (DOLS) came in to force. This was required as a result of the insertion of a number of new sections in and amendments to MCA 2005 by the Mental Health Act 2007 (MHA 2007). This new code is not as long as the first Code but is still some 124 pages in length. Both codes are available on the Office of the Public Guardian's and Department of Health websites.

DOLS is described as, in effect, an adjunct to the original Code and is to be used in conjunction with the earlier one, although its main focus is

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