Code of practice etc

4Deprivation of liberty: code of practice

1

Section 42 of the Mental Capacity Act 2005 (codes of practice) is amended as follows.

2

After subsection (1) insert—

1A

Guidance about what kinds of arrangements for enabling the care or treatment of a person fall within paragraph 2(1)(b) of Schedule AA1 must be included in the code, or one of the codes, issued under subsection (1).

3

After subsection (2) insert—

2A

Before the end of each review period the Lord Chancellor must—

a

review each code for the guidance of persons exercising functions under Schedule AA1, and

b

lay a report of the review before Parliament.

But this does not affect the Lord Chancellor's functions under subsection (2).

2B

A review period is—

a

in relation to the first review, the period of 3 years beginning with the day on which this subsection comes into force, and

b

in relation to subsequent reviews, each period of 5 years beginning with the day on which the report of the previous review was laid before Parliament.

4

In subsection (3) after “preparation” insert “ , review ”.