MCA s43 text

Codes of practice: procedure

43.—(1) Before preparing or revising a code, the Lord Chancellor must consult-

(a) the National Assembly for Wales, and
(b) such other persons as he considers appropriate.

(2) The Lord Chancellor may not issue a code unless-

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

(3) 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.

(4) "40 day period", in relation to the draft of a proposed code, means-

(a) 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;
(b) in any other case, the period of 40 days beginning with the day on which it is laid before each House.

(5) 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.


The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.