Directions and guidance
I125 Code of practice.
1
The Authority shall maintain a code of practice giving guidance about the proper conduct of activities carried on in pursuance of a licence under this Act and the proper discharge of the functions of the person responsible and other persons to whom the licence applies.
2
The guidance given by the code shall include guidance for those providing treatment services about the account to be taken of the welfare of children who may be born as a result of treatment services (including a child’s need for F1supportive parenting), and of other children who may be affected by such births.
F22A
The code shall also give guidance about—
a
the giving of a suitable opportunity to receive proper counselling, and
b
the provision of such relevant information as is proper,
in accordance with any condition that is by virtue of section 13(6) or (6A) a condition of a licence under paragraph 1 of Schedule 2.
3
The code may also give guidance about the use of any technique involving the placing of sperm and eggs in a woman.
4
The Authority may from time to time revise the whole or any part of the code.
5
The Authority shall publish the code as for the time being in force.
6
A failure on the part of any person to observe any provision of the code shall not of itself render the person liable to any proceedings, but—
a
F3the Authority shall, in considering whether there has been any failure to comply with any conditions of a licence and, in particular, conditions requiring anything to be “proper” or “suitable”, take account of any relevant provision of the code, and
b
F4the Authority may, in considering, where it has power to do so, whether or not to vary or revoke a licence, take into account any observance of or failure to observe the provisions of the code.