(5) It is the duty of a person to have regard to any relevant code if he is acting in relation to a person who lacks capacity and is doing so in one or more of the following ways:
- (a) as the donee of a lasting power of attorney;
- (b) as a deputy appointed by the court;
- (c) in a professional capacity; or
- (d) for remuneration.
(6) If it appears to a court conducting any civil or criminal proceedings that—
- (a) a provision of a code of practice; or
- (b) a failure to comply with a code of practice,
is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.
(7) For the avoidance of doubt, any code of practice issued under this section shall be deemed not to be subsidiary legislation.
Ill-treatment
42.—(1) Subsection (2) applies if a person (“D”) —
- (a) has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity;
- (b) is the donee of a lasting power of attorney created by P; or
- (c) is a deputy appointed by the court for P,
and P is 16 years of age or above.
(2) D shall be guilty of an offence if he ill-treats or causes, procures or knowingly permits P to be ill-treated by any other person.
(3) For the purposes of this section, D ill-treats P if D—
- (a) subjects P to physical or sexual abuse;
- (b) wilfully or unreasonably does, or causes P to do, any act which endangers or is likely to endanger the safety of P or which causes or is likely to cause P—
- (i) any unnecessary physical pain, suffering or injury;
- (ii) any emotional injury; or
