A draft Code of Practice to assist people supporting those who may lack the capacity to make decisions for themselves has been published prior to being laid before the July 2026 sitting of Tynwald.
Developed by the Department of Health and Social Care (DHSC), the Code provides practical guidance to support the implementation of the Capacity Act 2023, which received Royal Assent on 25 April 2023 and will come into force in stages from April 2027.
The Act establishes a legal framework to support and protect people who may lack capacity to make some decisions for themselves at a particular time. It aims to ensure that decisions are lawful, proportionate, made in that person’s best interests and represent the least restrictive option available, while placing the individual’s rights and feelings at the centre of decision-making.
The accompanying Code of Practice explains how the legislation should be interpreted and applied in practice, providing practical guidance for professionals, public bodies, family members, friends, informal carers and others who may be involved in supporting or making decisions on behalf of someone else.
While the Code will be relevant to those working in health, social care and public services, its application is not limited to formal care settings. It provides guidance for any situation in which the powers, protections or duties contained within the Capacity Act are engaged.
Minister for Health and Social Care, Claire Christian MHK said:
‘The Capacity Act 2023 is about empowering and protecting some of the most vulnerable members of our community. The Code of Practice is essential to ensuring that the principles of the Act are understood and applied consistently in everyday situations. It provides practical guidance for those who may be required to make decisions or take action on behalf of another person, helping to ensure that individual rights, dignity, wishes and feelings remain at the heart of every decision made under the Act.’
A public consultation on the Code of Practice will take place this summer, providing an opportunity for interested parties to review the guidance and inform the final version before relevant provisions of the Act are brought into effect.
Code of Practice – Capacity Act 2023 is available to view on the Tynwald Register of Business.
For more information, visit the legislation implementation plans page.
