s 41 Codes of practice
41.—(1) The Minister may 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; (c) for the guidance of donees of lasting powers of attorney; (d) for the guidance of deputies appointed by the court; and (e) with respect to such other matters concerned with this Act as the Minister thinks fit. (2) The Minister may publish any such code of practice, including any revocation, variation, revision or amendment thereto in such manner as the Minister thinks fit. (3) The Minister may revoke, vary, revise or amend the whole or any part of any code of practice issued under this section in such manner as the Minister thinks fit. (4) The Minister may delegate any power under this section so far as he or she considers expedient. (5) It is the duty of a person to have regard to any relevant code if the person 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) in a professional capacity; (d) for remuneration. (6) If it appears to a court conducting any civil or criminal proceedings that —(a) a provision of a code of practice; or (b) a failure to comply with a code of practice, is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question. (7) To avoid doubt, any code of practice issued under this section is deemed not to be subsidiary legislation.