42Code of practice about the extraction of informationU.K.
(1)The Secretary of State must prepare a code of practice containing guidance about the exercise of the powers in sections 37(1) and 41(1).
(2)The code may make different provision for different purposes or areas.
(3)In preparing the code, the Secretary of State must consult—
(a)the Information Commissioner,
(b)the Scottish Ministers,
(c)the Department of Justice in Northern Ireland,
(d)the Commissioner for Victims and Witnesses,
(e)the Domestic Abuse Commissioner,
(f)the Commission for Victims and Survivors for Northern Ireland, and
(g)such other persons as the Secretary of State considers appropriate.
(4)Subsection (3)(f) does not apply on or after the day appointed under Article 4(4) of the Victims and Survivors (Northern Ireland) Order 2006 (S.I. 2006/2953 (N.I. 17)) (power to revoke Article 4).
(5)After preparing the code, the Secretary of State must lay it before Parliament and publish it.
(6)The code is to be brought into force by regulations made by statutory instrument.
(7)A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
(8)After the code has come into force the Secretary of State may from time to time revise it.
(9)A failure on the part of an authorised person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings.
(10)But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.
(11)References in subsections (2) to (10) to the code include a revised code, subject to subsection (12).
(12)The duty to consult in subsection (3) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.
Commencement Information
I1S. 42 not in force at Royal Assent, see s. 208(1)
I2S. 42(1)-(7) in force at 12.5.2022 by S.I. 2022/520, reg. 4(a)
I3S. 42(8)-(12) in force at 8.11.2022 by S.I. 2022/1075, reg. 5(f)