Modifications etc. (not altering text)
C1Pt. IV (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)
C2Pt. 4 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))
(1)A person exercising or performing any power or duty in relation to which provision may be made by a code of practice under section 71 shall, in doing so, have regard to the provisions (so far as they are applicable) of every code of practice for the time being in force under that section.
(2)A failure on the part of any person to comply with any provision of a code of practice for the time being in force under section 71 shall not of itself render him liable to any criminal or civil proceedings.
(3)A code of practice in force at any time under section 71 shall be admissible in evidence in any criminal or civil proceedings.
(4)If any provision of a code of practice issued or revised under section 71 appears to—
(a)the court or tribunal conducting any civil or criminal proceedings,
(b)the Tribunal,
(c)a relevant Commissioner carrying out any of his functions under this Act,
(d)a Surveillance Commissioner carrying out his functions under this Act or the M1Police Act 1997, or
(e)any Assistant Surveillance Commissioner carrying out any functions of his under section 63 of this Act,
to be relevant to any question arising in the proceedings, or in connection with the exercise of that jurisdiction or the carrying out of those functions, in relation to a time when it was in force, that provision of the code shall be taken into account in determining that question.
(5)In this section “relevant Commissioner” means the Interception of Communications Commissioner, the Intelligence Services Commissioner or the Investigatory Powers Commissioner for Northern Ireland.
Commencement Information
I1S. 72 not in force at Royal Assent see s. 83(2); s. 72 in force for certain purposes at 25.9.2000 and s. 72 in force at 2.10.2000 for certain other purposes by S.I. 2000/2543, arts. 2, 3; s. 72 in force for certain other purposes at 13.8.2001 by S.I. 2001/2727, art. 2; s. 72 in force for further certain purposes at 1.10.2007 by S.I. 2007/2196, art. 2(h)
Marginal Citations