Part VII Miscellaneous

54 Codes of practice: supplementary.

1

This section applies to a code of practice under section 52 or F3, 53 or 53A.

2

When the Secretary of State proposes to issue a code of practice he shall prepare and publish a draft of the code, shall consider any representations made to him about the draft and may modify the draft accordingly.

3

The Secretary of State shall lay before both Houses of Parliament a draft of any code of practice prepared by him; and when he has laid the draft of the code before both Houses he may by order bring the code into operation.

4

An order bringing a code of practice into operation may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient.

5

The Secretary of State may from time to time revise the whole or any part of a code of practice issued by him and issue the code as revised; and subsections (2) to (4) shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.

6

A failure on the part of a police officer to comply with any provision of a code shall not of itself render him liable to any criminal or civil proceedings.

7

A failure on the part of a member of Her Majesty’s forces to comply with any provision of a code shall not of itself render him liable to any criminal or civil proceedings other than—

a

proceedings under any provision of the M1Army Act 1955 or the M2Air Force Act 1955 other than section 70 (civil offences); and

b

proceedings under any provision of the M3Naval Discipline Act 1957 other than section 42 (civil offences).

8

In all criminal and civil proceedings any code shall be admissible in evidence; and if any provision of a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

9

In this section—

  • “criminal proceedings” includes proceedings in Northern Ireland before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the 1957 Act and proceedings in Northern Ireland before the Courts-Martial Appeal Court;

  • “police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.