SCHEDULES

SCHEDULE 5Enforcement powers in connection with wildlife

Part 3Codes of practice

I112

1

The Secretary of State may—

a

issue a code of practice in connection with any of the provisions of sections 18A to 18F of the 1981 Act (including any of those provisions as applied by Part 2 of this Schedule), and

b

revise or replace such a code.

2

An inspector must have regard to any relevant provision of a code when discharging any function under any of the provisions mentioned in sub-paragraph (1)(a).

3

But an inspector's failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.

4

A code—

a

is admissible in evidence in any proceedings, and

b

must be taken into account by a court in any case in which it appears to the court to be relevant.