PART 7Enforcement

Codes of practice

Codes of practice126

1

The appropriate authority may—

a

issue a code of practice in connection with any of the provisions of regulations 114, 116, 120, 121, 124 and 125; and

b

revise or replace such a code.

2

In discharging any function under the regulations specified in paragraph (1)(a)—

a

a wildlife inspector authorised by the Secretary of State must have regard to any relevant provision of a code issued by the Secretary of State;

b

a wildlife inspector authorised by the Welsh Ministers must have regard to any relevant provision of a code issued by them.

3

But a wildlife inspector’s failure to have regard to any provision of a code does not make that inspector 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 any court in any case in which it appears to the court to be relevant.