SCHEDULES

SCHEDULE 7Codes of practice

Effect of codes

I16

1

A person must have regard to a code when exercising any functions to which the code relates.

2

A failure on the part of a person to comply with any provision of a code does not of itself make that person liable to criminal or civil proceedings.

3

A code is admissible in evidence in any such proceedings.

4

A court or tribunal may, in particular, take into account a failure by a person to have regard to a code in determining a question in any such proceedings.

5

A supervisory authority exercising functions by virtue of this Act may take into account a failure by a person to have regard to a code in determining a question which arises in connection with the exercise of those functions.

6

In this paragraph “supervisory authority” means—

a

the Investigatory Powers Commissioner or any other Judicial Commissioner,

b

the Information Commissioner, or

c

the Investigatory Powers Tribunal.