3Code of Practice

1

The Department must, as soon as reasonably practicable, prepare and publish a Code of Practice on the processing of information.

2

The Department must review the Code of Practice at least once in every two year period starting with the date of publication of the first Code of Practice.

3

The Department may revise the Code of Practice whenever it considers it appropriate to do so.

4

Health and social care bodies must have due regard to the Code of Practice in exercising their functions in relation to the provision of health and social care.

5

Any other person who provides health and social care under arrangements made with a public body who exercises functions in relation to the provision of health and social care, must, in providing such care, have due regard to the Code of Practice.

6

Failure to observe any provision of the Code of Practice does not of itself make a person liable to any criminal or civil proceedings.

7

A Code of Practice—

a

is admissible in evidence in criminal and civil proceedings; and

b

may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

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In this section “health and social care bodies” means the Department and any of the bodies established by section 1(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.