ch2300c15a
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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
83
Part IV
(a) prepare and publish a draft of that code; and
(b) consider any representations made to him about the draft;
and the Secretary of State may incorporate in the code finally issued any
modifications made by him to the draft after its publication.
(4) The Secretary of State shall lay before both Houses of Parliament
every draft code of practice prepared and published by him under this
section.
(5) A code of practice issued by the Secretary of State under this
section shall not be brought into force except in accordance with an order
made by the Secretary of State.
(6) An order under subsection (5) may contain such transitional
provisions and savings as appear to the Secretary of State to be necessary
or expedient in connection with the bringing into force of the code
brought into force by that order.
(7) The Secretary of State may from time to time—
(a) revise the whole or any part of a code issued under this
section; and
(b) issue the revised code.
(8) Subsections (3) to (6) shall apply (with appropriate modifications)
in relation to the issue of any revised code under this section as they apply
in relation to the first issue of such a code.
(9) The Secretary of State shall not make an order containing
provision for any of the purposes of this section unless a draft of the order
has been laid before Parliament and approved by a resolution of each
House.
72.—(1) A person exercising or performing any power or duty in Effect of codes of
relation to which provision may be made by a code of practice under practice.
section 71 shall, in doing so, have regard to the provisions (so far as they
are applicable) of every code of practice for the time being in force under
that section.
(2) A failure on the part of any person to comply with any provision
of a code of practice for the time being in force under section 71 shall not
of itself render him liable to any criminal or civil proceedings.
(3) A code of practice in force at any time under section 71 shall be
admissible in evidence in any criminal or civil proceedings.
(4) If any provision of a code of practice issued or revised under section
71 appears to—
(a) the court or tribunal conducting any civil or criminal
proceedings,
(b) the Tribunal,
(c) a relevant Commissioner carrying out any of his functions under
this Act,
(d) a Surveillance Commissioner carrying out his functions under
1997 c. 50.
this Act or the Police Act 1997, or