PART 4STANDARDS

CHAPTER 9GENERAL

Codes of practice

69Failure to comply with codes

1

A person's failure to comply with a provision of an approved code of practice does not render that person liable to enforcement action of any kind.

2

But if any action under this Measure is taken in respect of a failure of a person (P) to comply with a standard (“the alleged standards failure”)—

a

a failure by P to comply with a relevant provision of an approved code of practice may be relied upon as tending to establish that P is liable for the alleged standards failure, and

b

compliance with a relevant provision of an approved code of practice may be relied upon as tending to establish that P is not liable for the alleged standards failure.

3

References in this section to an approved code of practice are references—

a

to a standards code of practice as it has effect for the time being, and

b

where a standards code of practice has been revised, to that code as revised as it has effect for the time being.