Paragraph 6 I1

(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)

F1the Information Commission, or

(c)

the Investigatory Powers Tribunal.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 6(6)(b) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 20(g)(iv); S.I. 2026/1015, reg. 2(c)

Commencement

I1: Sch. 7 para. 6 in force at 13.2.2017 by S.I. 2017/137, reg. 2(t)