Part 8

Investigations
Chapter 3

Scotland

General

Code of practice
410
1
The Scottish Ministers must prepare a code of practice as to the exercise by proper persons of functions they have under this Chapter.
2
After preparing a draft of the code the Scottish Ministers—
a
must publish the draft;
b
must consider any representations made to them about the draft;
c
may amend the draft accordingly.
3
After the Scottish Ministers have proceeded under subsection (2) they must lay the code before the Scottish Parliament.
4
When they have done so, the Scottish Ministers may bring the code into operation on such day as they may appoint by order.
5
A proper person must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.
6
If a proper person fails to comply with any provision of a code of practice issued under this section he is not by reason only of that failure liable in any criminal or civil proceedings.
7
But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any questions in the proceedings.
8
The Scottish Ministers may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.
S. 410 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)