MENTAL CAPACITY
39
(4) In subsection (3)—
- “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf;
- “wasted costs” means any costs incurred by a party—
- (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
- (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
PART IX
MISCELLANEOUS
Codes of practice
41.—(1) The Minister may issue one or more codes of practice—
- (a) for the guidance of persons assessing whether a person has capacity in relation to any matter;
- (b) for the guidance of persons acting in connection with the care or treatment of another person;
- (c) for the guidance of donees of lasting powers of attorney;
- (d) for the guidance of deputies appointed by the court; and
- (e) with respect to such other matters concerned with this Act as he thinks fit.
(2) The Minister may publish any such code of practice, including any revocation, variation, revision or amendment thereto in such manner as he thinks fit.
(3) The Minister may revoke, vary, revise or amend the whole or any part of any code of practice issued under this section in such manner as he thinks fit.
(4) The Minister may delegate any power under this section so far as he considers expedient.
