Mental Capacity Act 2005
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
42 Codes of practice
(1) The Lord Chancellor must prepare and issue one or more codes of practice— (a) for the guidance of persons assessing whether a person has capacity in relation to any matter, (b) for the guidance of persons acting in connection with the care or treatment of another person (see section 5), (c) for the guidance of donees of lasting powers of attorney, (d) for the guidance of deputies appointed by the court, (e) for the guidance of persons carrying out research in reliance on any provision made by or under this Act (and otherwise with respect to sections 30 to 34), (f) for the guidance of independent mental capacity advocates, (fa) for the guidance of persons exercising functions under Schedule A1, (fb) for the guidance of representatives appointed under Part 10 of Schedule A1, (g) with respect to the provisions of sections 24 to 26 (advance decisions and apparent advance decisions), and (h) with respect to such other matters concerned with this Act as he thinks fit. (2) The Lord Chancellor may from time to time revise a code. (3) The Lord Chancellor may delegate the preparation or revision of the whole or any part of a code so far as he considers expedient. (4) It is the duty of a person to have regard to any relevant code if he is acting in relation to a person who lacks capacity and is doing so in one or more of the following ways— (a) as the donee of a lasting power of attorney, (b) as a deputy appointed by the court, (c) as a person carrying out research in reliance on any provision made by or under this Act (see sections 30 to 34), (d) as an independent mental capacity advocate, (da) in the exercise of functions under Schedule A1, (db) as a representative appointed under Part 10 of Schedule A1, (e) in a professional capacity, (f) for remuneration. (5) 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. (6) A code under subsection (1)(d) may contain separate guidance for deputies appointed by virtue of paragraph 1(2) of Schedule 5 (functions of deputy conferred on receiver appointed under the Mental Health Act). (7) In this section and in section 43, “code” means a code prepared or revised under this section.
42 Codes of practice
(1) The Lord Chancellor must prepare and issue one or more codes of practice— (a) for the guidance of persons assessing whether a person has capacity in relation to any matter, (b) for the guidance of persons acting in connection with the care or treatment of another person (see section 5), (c) for the guidance of donees of lasting powers of attorney, (d) for the guidance of deputies appointed by the court, (e) for the guidance of persons carrying out research in reliance on any provision made by or under this Act (and otherwise with respect to sections 30 to 34), (f) for the guidance of independent mental capacity advocates, (fa) for the guidance of persons exercising functions under Schedule A1, (fb) for the guidance of representatives appointed under Part 10 of Schedule A1, (g) with respect to the provisions of sections 24 to 26 (advance decisions and apparent advance decisions), and (h) with respect to such other matters concerned with this Act as he thinks fit. (2) The Lord Chancellor may from time to time revise a code. (3) The Lord Chancellor may delegate the preparation or revision of the whole or any part of a code so far as he considers expedient. (4) It is the duty of a person to have regard to any relevant code if he is acting in relation to a person who lacks capacity and is doing so in one or more of the following ways— (a) as the donee of a lasting power of attorney, (b) as a deputy appointed by the court, (c) as a person carrying out research in reliance on any provision made by or under this Act (see sections 30 to 34), (d) as an independent mental capacity advocate, (da) in the exercise of functions under Schedule A1, (db) as a representative appointed under Part 10 of Schedule A1, (e) in a professional capacity, (f) for remuneration. (5) 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. (6) A code under subsection (1)(d) may contain separate guidance for deputies appointed by virtue of paragraph 1(2) of Schedule 5 (functions of deputy conferred on receiver appointed under the Mental Health Act). (7) In this section and in section 43, “code” means a code prepared or revised under this section.
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.