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Key definition

Code of practice definition

What does Code of practice mean? In legal practice, a code of practice is authoritative written guidance setting standards and procedures that organisations and individuals are expected to follow in a particular regulatory area. The term is descriptive rather than a single statutory definition; a code’s legal weight depends on the legislation under which it is made or approved and on case law. Across the UK and Ireland, many codes have statutory status: courts and tribunals may, or must, take them into account, and non-compliance is persuasive evidence of breach even though a code is not, by itself, law. Examples include: the ACAS Code of...

Mental Capacity Act 2005 Codes of Practice (England and Wales): guidance, legal status, departures, and Deprivation of Liberty Safeguards pending transition to Liberty Protection Safeguards

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Practice notes

From 1 April 2007, sections 42 and 43 of the Mental Capacity Act 2005 (MCA 2005) took effect. Together they activated a Code of practice to direct everyone dealing with matters governed by the MCA 2005. Section 43 of the MCA 2005 set out the process, including Consultation, that had to be completed before adoption of the code. Those steps were duly finished and, in line with section 42, a Code of Practice (the Code) was issued. That provision suggested there could be multiple codes, yet until 2008 it appeared that only a single composite code was envisaged.

On 3 November 2008, however, an additional code—the Deprivation of liberty Safeguards Code of Practice (the DOLS Code)—came into force. Its introduction followed the insertion of several new sections into, and other amendments of, the MCA 2005 by the Mental Health Act 2007 (MHA 2007). Although this newer code is shorter than the original Code, it nonetheless runs to some 124 pages...

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Web page updated on 21/05/2026

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