Northern Ireland (Emergency Provisions) Act 1996

54 Codes of practice: supplementary

(1) This section applies to a code of practice under section 52 or 53.

(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 [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955 other than section 70 (civil offences); and

(b) proceedings under any provision of the [1957 c. 53.] Naval 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.