Mental Health Act 1983 : code of practice : presented to Parliament pursuant to section 118 of the Mental Health Act 1983

Since the last Mental Health Act 1983: Code of Practice was introduced in 2008 there have been substantial changes and updates in legislation, policy, case law, and professional practice. This revised Code reflects and embeds developments since then in areas including the use of restrictive interventions, seclusion, use of police powers to detain people in places of safety, and the use of community treatment orders.

This Code of Practice provides statutory guidance to registered medical practitioners, approved clinicians, managers and staff of providers, and approved mental health professionals on how they should carry out functions under the Mental Health Act ('the Act') in practice. It is statutory guidance for registered medical practitioners and other professions in relation to the medical treatment of patients suffering from mental disorder. The guidance given in this Code of Practice to local authorities and their staff is statutory guidance given under section 7 of the Local Authority Social Services Act 1970. The aforementioned people to whom the Code is addressed must have regard to the Code. It is important that these persons have training on the Code and ensure that they are familiar with its requirements. As departures from the Code could give rise to legal challenge.

The Code contains a chapter that gives guidance on the effect of the Act on the powers of donees of lasting power of attorney (attorneys) and court appointed deputies under the Mental Capacity Act 2005.