Legal status of Code of Practice set out in Act
The legal status of the Code was explained in R (Munjaz) v Ashworth Hospital Authority [2005] UKHL 58. From 3/11/08 this situation is now set out in s118(2D): "In performing functions under this Act persons mentioned in subsection (1)(a) or (b) shall have regard to the code." These people are:
- (a) registered medical practitioners, approved clinicians, managers and staff of hospitals, independent hospitals and care homes] and approved mental health professionals in relation to the admission of patients to hospitals and registered establishments under this Act and to guardianship and community patients under this Act; and
- (b) registered medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder.
The Codes for England and Wales explain that departure from the Code will require good reasons.
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