§ 16 — Codes of practice

16.—(1) The Licensing Officer may, with respect to all or any of the matters in subsection (2), from time to time —(a)

issue one or more codes of practice applicable to all licensees or class licensees or a specified class of licensees or class licensees;

(b)

approve as a code of practice applicable to all licensees or class licensees or a specified class of licensees or class licensees any document prepared by a person other than the Licensing Officer, as in force at a particular time or as amended from time to time, if the Licensing Officer considers the document suitable for this purpose; or

(c)

amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b).

(2) The matters for the purposes of subsection (1) are —(a)

the conduct, duties and responsibilities of a licensee;

(b)

the conduct, duties and responsibilities of a class licensee;

(c)

the management, administration and operation of debt collection businesses; and

(d)

the manner in which debt collection activities are to be carried out.

(3) If any provision in any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(4) Where any code of practice is issued, approved, amended or revoked by the Licensing Officer under subsection (1), the Licensing Officer must —(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice on the prescribed website or in one or more other forms that are readily accessible by the public;

(b)

specify in the notice mentioned in paragraph (a), the date of the issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code of practice are available for inspection, free of charge, by licensees or class licensees to whom the code of practice applies.

(5) No code of practice, no amendment to any code of practice, and no revocation of any code of practice, has any force or effect until the notice mentioned in subsection (4) is published in accordance with that subsection.

(6) A code of practice issued or approved under this section does not have any legislative effect.

(7) Subject to subsection (8), every licensee or class licensee must comply with the codes of practice applicable to the licensee or class licensee, as the case may be.

(8) The Licensing Officer may, either generally or for any time that the Licensing Officer may specify, waive the application of any code of practice or any part of a code of practice issued or approved under this section to any licensee or class licensee.

(9) Any contravention or failure to comply by a licensee or class licensee of or with any code of practice applicable to the licensee or class licensee (as the case may be) does not of itself render the licensee or class licensee (as the case may be) liable to criminal proceedings, but any such contravention may, in any proceedings (criminal or otherwise under this Act) in connection with an offence under this Act, be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.

—(1) The Licensing Officer may, with respect to all or any of the matters in subsection (2), from time to time —(a)

issue one or more codes of practice applicable to all licensees or class licensees or a specified class of licensees or class licensees;

(b)

approve as a code of practice applicable to all licensees or class licensees or a specified class of licensees or class licensees any document prepared by a person other than the Licensing Officer, as in force at a particular time or as amended from time to time, if the Licensing Officer considers the document suitable for this purpose; or

(c)

amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b).

(2) The matters for the purposes of subsection (1) are —(a)

the conduct, duties and responsibilities of a licensee;

(b)

the conduct, duties and responsibilities of a class licensee;

(c)

the management, administration and operation of debt collection businesses; and

(d)

the manner in which debt collection activities are to be carried out.

(3) If any provision in any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(4) Where any code of practice is issued, approved, amended or revoked by the Licensing Officer under subsection (1), the Licensing Officer must —(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice on the prescribed website or in one or more other forms that are readily accessible by the public;

(b)

specify in the notice mentioned in paragraph (a), the date of the issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code of practice are available for inspection, free of charge, by licensees or class licensees to whom the code of practice applies.

(5) No code of practice, no amendment to any code of practice, and no revocation of any code of practice, has any force or effect until the notice mentioned in subsection (4) is published in accordance with that subsection.

(6) A code of practice issued or approved under this section does not have any legislative effect.

(7) Subject to subsection (8), every licensee or class licensee must comply with the codes of practice applicable to the licensee or class licensee, as the case may be.

(8) The Licensing Officer may, either generally or for any time that the Licensing Officer may specify, waive the application of any code of practice or any part of a code of practice issued or approved under this section to any licensee or class licensee.

(9) Any contravention or failure to comply by a licensee or class licensee of or with any code of practice applicable to the licensee or class licensee (as the case may be) does not of itself render the licensee or class licensee (as the case may be) liable to criminal proceedings, but any such contravention may, in any proceedings (criminal or otherwise under this Act) in connection with an offence under this Act, be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.