A draft Code of Practice setting out how the island’s new Capacity Act 2023 should be applied in everyday situations has been published ahead of its planned consideration in Tynwald this July.
Developed by the Department of Health and Social Care, the Code offers practical guidance for anyone supporting a person who may lack the capacity to make certain decisions.
The Act, which received Royal Assent in April 2023 and will come into force in stages from April 2027, creates a legal framework to ensure decisions made on someone’s behalf are lawful, proportionate and in that person’s best interests.
The Code explains how the legislation should be interpreted by professionals, public bodies, family members, friends and informal carers, and applies to any situation where the Act’s powers or protections are engaged, not just formal care settings.
Health and Social Care Minister Claire Christian MHK said the Act is about “empowering and protecting some of the most vulnerable members of our community”, adding that the Code is essential to ensuring its principles are applied consistently and with the individual’s rights, wishes and feelings at the centre.
A public consultation will run this summer, giving people the chance to review the guidance before the Act’s provisions begin to take effect.
The draft Code is available on the Tynwald Register of Business.
