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Health and Social Care Act 2008
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25Effect of code under s. 21 [F1or 21A] and guidance under s. 23E+W
This section has no associated Explanatory Notes
(1)[F2Codes of practice under sections 21 and 21A] and guidance under section 23 are to be taken into account—
(a)in the making of any decision by the Commission under this Chapter;
(b)in any proceedings for the making of an order under section 30;
(c)in any proceedings on an appeal against such a decision or order;
(d)in any proceedings for an offence under section 33 or under regulations under section 20.
(2)[F3Codes of practice under sections 21 and 21A and] guidance under section 23 [F4are] also admissible in evidence in other criminal or civil proceedings.
(3)A failure to observe any provision of a code of practice under section 21 [F5or 21A] or guidance under section 23 does not of itself make a person liable to any criminal or civil proceedings.
Textual Amendments
F1Words in s. 25 heading inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 181(6)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Words in s. 25(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 181(6)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in s. 25(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 181(6)(c)(i), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Word in s. 25(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 181(6)(c)(ii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in s. 25(3) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 181(6)(d), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 25 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2
I2S. 25 in force at 11.12.2009 in so far as not already in force by S.I. 2009/3023, art. 2(c) (with arts. 3-17) (as amended (8.2.2010) by S.I. 2010/47, art. 2)
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