Investigatory Powers Act 2016 (c. 25)
Schedule 7 — Codes of practice
261
Revision of codes
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(1) The Secretary of State may from time to time revise the whole or part of a
code.
(2) Before issuing any revision of a code the Secretary of State must—
(a) prepare and publish a draft, and
(b) consider any representations made about it,
and may modify the draft.
(3) The Secretary of State must, in particular, consult the Investigatory Powers
Commissioner and, in the case of a code relating to the exercise of functions
conferred by virtue of Part 4, the Information Commissioner.
(4) A revision of a code comes into force in accordance with regulations made
by the Secretary of State.
(5) A statutory instrument containing such regulations must be laid before
Parliament if the regulations have been made without a draft having been
laid before, and approved by a resolution of, each House of Parliament.
(6) When an instrument or draft instrument is laid, the revision of a code to
which it relates must also be laid.
(7) No instrument or draft instrument may be laid until the consultation
required by sub-paragraphs (2) and (3) has taken place.
Effect of codes
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(1) A person must have regard to a code when exercising any functions to which
the code relates.
(2) A failure on the part of a person to comply with any provision of a code does
not of itself make that person liable to criminal or civil proceedings.
(3) A code is admissible in evidence in any such proceedings.
(4) A court or tribunal may, in particular, take into account a failure by a person
to have regard to a code in determining a question in any such proceedings.
(5) A supervisory authority exercising functions by virtue of this Act may take
into account a failure by a person to have regard to a code in determining a
question which arises in connection with the exercise of those functions.
(6) In this paragraph “supervisory authority” means—
(a) the Investigatory Powers Commissioner or any other Judicial
Commissioner,
(b) the Information Commissioner, or
(c) the Investigatory Powers Tribunal.