PART 3Providers of regulated user-to-user services and regulated search services: duties of care
CHAPTER 6Codes of practice and guidance
Codes of practice
50Effects of codes of practice
(1)
A failure by a provider of a Part 3 service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings in a court or tribunal.
(2)
A code of practice is admissible in evidence in legal proceedings.
(3)
In any proceedings in a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining a question arising in the proceedings if—
(a)
the question relates to a time when the provision was in force, and
(b)
the provision appears to the court or tribunal to be relevant to the question.
(4)
OFCOM must take into account a provision of a code of practice in determining a question arising in connection with their exercise of any relevant function if—
(a)
the question relates to a time when the provision was in force, and
(b)
the provision appears to OFCOM to be relevant to the question.
(5)
In this section—
“code of practice” means a code of practice published under section 46;
“relevant functions” means OFCOM’s functions under—
(a)
Chapter 4 of Part 7 (information),
(b)
Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content),
(c)
Chapter 6 of Part 7 (enforcement), and
(d)
Chapter 2 of Part 8 (super-complaints).