The Capacity Act 2023 established a legal framework to safeguard the rights, dignity, and wellbeing of individuals who may lack the capacity to make decisions for themselves.
The Code will explain how the Capacity Act 2023 should be applied in practice. It covers supporting people to make their own decisions, assessing capacity, making best interests decisions and the rights, safeguards and protections that apply when decisions or actions are taken under the Act.
The Code has been written for anyone making decisions, taking actions or providing support under the Capacity Act 2023. This includes families, carers, health and social care professionals, care providers and others involved in supporting people who may lack capacity.
The consultation aims to gather views on whether the guidance is clear, accessible, accurate and practically workable.
The consultation is set out in four parts: anyone can respond to Parts 1 to 3, while Part 4 is aimed at professionals and organisations working under the Act. Respondents do not need to answer every question, only those relevant to their experience.
Following the consultation, the Department of Health and Social Care will publish a summary of responses, and subject to the feedback received a revised Code is expected to return to Tynwald in November 2026.
This is part of the first phase of implementing the Capacity Act 2023, expected to come into force in April 2027.
The consultation will close on 18 September 2026. For alternative formats or any queries regarding the consultation please contact the DHSC Legislation Team at DHSCLegislationTeam@gov.im
