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16.—(1) The Department may issue, and may from time to time revise, codes of practice for the purpose of providing practical guidance in respect of any provision made by or under this Act.
(2) Where the Department proposes to issue (or revise) a code of practice under subsection (1), it shall—
(a)prepare a draft of the code (or revised code),
(b)consult such persons about the draft as appear to the Department to represent any interests concerned as it considers appropriate, and
(c)consider any representations made by them.
(3) The Department must publish the code, and any revision of it, in such manner as it considers appropriate.
(4) A person’s failure to comply with a provision of a code of practice issued under this section shall not of itself render that person liable to proceedings of any kind.
(5) In any proceedings against a person for an offence under this Act or an offence under regulations under section 11, 12 or 13—
(a)failure to comply with a relevant provision of a code of practice issued under this section may be relied upon as tending to establish liability, and
(b)compliance with a relevant provision of such a code of practice may be relied upon as tending to negative liability.
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