Mental Health Bill [HL]

My Lords, before the Minister sits down, I seek clarification on whether the code is justiceable and, on a practical note, refer to the phrase ““have regard to””. Would it be sufficient, for example, for a mental health practitioner confronted with such a difficult question regarding a patient to make a note in the patient’s record to say, ““I have given regard to this question in the code and have decided that I must set it aside for these reasons””? Would that be challengeable legally in any way? The Minister may not be able to give a definitive answer to the question but I raise it because his answer to it in Hansard in this debate will have particular significance. It is the kind of practical issue on which mental health workers will need clear guidance regardless of whether that comes in the code of practice or is clarified by a word in Hansard.