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Regulation 18 Code of practice

(1)

The appropriate United Kingdom competent authority may from time to time, for the purpose of providing practical guidance in respect of any requirements in these Regulations or Regulation 1107/2009—

(a)

prepare and issue such codes of practice as are in its opinion suitable for that purpose; and

(b)

revise any such code by revoking, amending or adding to the provision of the code.

(2)

The appropriate United Kingdom competent authority must not issue or revise a code of practice under paragraph (1) without having consulted such persons, government departments and bodies that appear to it to be appropriate.

(3)

Where a code of practice is issued or revised by the appropriate United Kingdom competent authority under paragraph (1), that authority must issue a notice identifying the code in question and stating the date on which it, or the revision, is to take effect.

(4)

The appropriate United Kingdom competent authority may withdraw a code issued under paragraph (1) or any part of it and, if it does so, it must issue a notice identifying the code in question or relevant part of it and stating the date on which it, or the relevant part of it, is to cease to have effect.

(5)

A failure on the part of any person to follow any guidance contained in a code issued under paragraph (1) shall not render that person liable to proceedings of any kind.

(6)

In all civil and criminal proceedings any code issued under this regulation shall be admissible in evidence and if the failure to follow any guidance in such a code appears to the court conducting the proceedings to be relevant to any question arising in the proceedings, it shall be taken into account in determining that question.