Health and Social Care Act 2008

25 Effect of code under s. 21 [F1 or 21A] and guidance under s. 23 E+W

(1) [F2 Codes 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) [F3 Codes of practice under sections 21 and 21A and] guidance under section 23 [F4 are] 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 [F5 or 21A] or guidance under section 23 does not of itself make a person liable to any criminal or civil proceedings.

Textual Amendments

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Word 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)

F5 Words 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

I1 S. 25 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2

I2 S. 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)