Under section 118 of the 1983 Act the Secretary of State in relation to England and Welsh ministers in relation to Wales are required to prepare a Code of Practice to guide decision-makers listed in section 118(1), which must be consulted on and be presented to Parliament or the Senedd for scrutiny. Section 118 sets out that the Code must include a statement of the principles which the Secretary of State, in relation to England, thinks should inform particular decisions under the 1983 Act, and that in preparing the statement of principles the Secretary of State shall, in particular, ensure that a specific list of matters is addressed. The requirement in relation to the statement of principles does not currently apply to Wales.
	Section 1 of the Act amends section 118 so that the statement of principles must, in particular, include the four principles developed by the Independent Review, in partnership with people with lived experience. These principles are choice and autonomy, least restriction, therapeutic benefit, and the person as an individual. Section 1 also sets out a number of matters, which must be addressed in the Code, in relation to each of the four principles.
	The effect of this change is that Secretary of State in relation to England, and Welsh ministers, in relation to Wales, are required to include the four principles in the statement of principles in the Code of Practice, and that these principles should inform relevant decisions under the 1983 Act. Those to whom section 118(2D) applies must have regard to the Code, must also have regard to the statement of principles in the Code and therefore are required to have regard to the four principles when making decisions under the 1983 Act.
Principles Section 1: Principles to inform decisions