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
”
.