77Effect of code of practiceS
(1)[F1An officer of court] must, in exercising the officer's functions or undertaking any activities, have regard to the provisions (so far as they are applicable) of any code of practice published under section [F263A] of this Act.
(2)A failure on the part of [F3an officer of court] to comply with any provision of a code of practice does not of itself render the officer liable to any criminal or civil proceedings.
(3)A code of practice is admissible in evidence in any criminal or civil proceedings.
(4)If any provision of a code of practice appears to—
(a)the court or tribunal conducting any civil or criminal proceedings; or
[F4(b)a relevant court (within the meaning of subsection (8) of section 79 of the 1987 Act (investigation of alleged misconduct)) in disciplinary proceedings under that section;]
to be relevant to any question arising in the proceedings, that provision of the code may be taken into account in determining that question.
Textual Amendments
F1Words in s. 77(1) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 22(a)(i); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
F2Word in s. 77(1) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 22(a)(ii); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
F3Words in s. 77(2) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 22(b); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
F4S. 77(4)(b) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 22(c); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
Commencement Information
I1S. 77 in force at 31.1.2011 by S.S.I. 2011/31, art. 3(g)