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Section 50 Effects of codes of practiceI1I2

United Kingdom

(1)

A failure by a provider of a Part 3 service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings in a court or tribunal.

(2)

A code of practice is admissible in evidence in legal proceedings.

(3)

In any proceedings in a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining a question arising in the proceedings if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to the court or tribunal to be relevant to the question.

(4)

OFCOM must take into account a provision of a code of practice in determining a question arising in connection with their exercise of any relevant function if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to OFCOM to be relevant to the question.

(5)

In this section—

  • “code of practice” means a code of practice published under section 46;

  • “relevant functions” means OFCOM’s functions under—

    1. (a)

      Chapter 4 of Part 7 (information),

    2. (b)

      Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content),

    3. (c)

      Chapter 6 of Part 7 (enforcement), and

    4. (d)

      Chapter 2 of Part 8 (super-complaints).

Annotations

Commencement

I1

S. 50 not in force at Royal Assent, see s. 240(1)

I2

S. 50 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(n)