Valid from 07/07/2015
69Failure to comply with codesE+W
(1)A person's failure to comply with a provision of an approved code of practice does not render that person liable to enforcement action of any kind.
(2)But if any action under this Measure is taken in respect of a failure of a person (P) to comply with a standard (“the alleged standards failure”)—
(a)a failure by P to comply with a relevant provision of an approved code of practice may be relied upon as tending to establish that P is liable for the alleged standards failure, and
(b)compliance with a relevant provision of an approved code of practice may be relied upon as tending to establish that P is not liable for the alleged standards failure.
(3)References in this section to an approved code of practice are references—
(a)to a standards code of practice as it has effect for the time being, and
(b)where a standards code of practice has been revised, to that code as revised as it has effect for the time being.