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Investigatory Powers Act 2016

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This is the original version (as it was originally enacted).

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6(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.

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