Section 43: Codes of practice: procedure

Mental Capacity Act 2005 · 2005 c. 9View on legislation.gov.uk

Part 1: Persons who lack capacity

Before preparing or revising a code, the Lord Chancellor must consult—

the National Assembly for Wales, and
such other persons as he considers appropriate.

The Lord Chancellor may not issue a code unless—

a draft of the code has been laid by him before both Houses of Parliament, and
the 40 day period has elapsed without either House resolving not to approve the draft.

The Lord Chancellor must arrange for any code that he has issued to be published in such a way as he considers appropriate for bringing it to the attention of persons likely to be concerned with its provisions.

"40 day period", in relation to the draft of a proposed code, means—

if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days;
in any other case, the period of 40 days beginning with the day on which it is laid before each House.

In calculating the period of 40 days, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.