s 11 Use of code, standards, etc., in proceedings
11.—(1) This section applies to and in relation to any code, standard, rule, requirement, specification or other document issued by the Authority for the purpose of providing practical guidance or certainty in respect of any one or more of the requirements of this Part or any duty or other requirement prescribed in any aviation safety subsidiary legislation. (2) Subsection (4) has effect where —(a) a person is alleged to have committed an offence under this Part or any aviation safety subsidiary legislation —(i) by reason of a contravention of any provision of this Part or of any aviation safety subsidiary legislation; or (ii) by reason of a failure to discharge or perform a duty or other requirement imposed by this Part or any aviation safety subsidiary legislation; and (b) the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court in the criminal proceedings, a code, standard, rule, requirement, specification or other document mentioned in subsection (1) relates. (3) Subsection (4) has effect where —(a) a holder of an aviation safety instrument is alleged to have not satisfied any requirement of this Part or any aviation safety subsidiary legislation applicable to holders of that aviation safety instrument —(i) by reason of a contravention of any provision of this Part or of any aviation safety subsidiary legislation; or (ii) by reason of a failure to discharge or perform a duty or other requirement imposed by this Part or any aviation safety subsidiary legislation; and (b) the matter to which the alleged contravention or failure relates is one to which, in the opinion of the Authority or Minister in any administrative proceedings involving the exercise of any power under section 17, 18, 19, 22, 24, 25, 26 or 28, a code, standard, rule, requirement, specification or other document mentioned in subsection (1) relates. (4) In criminal proceedings mentioned in subsection (2) or administrative proceedings mentioned in subsection (3) —(a) compliance with a provision of such a code, standard, rule, requirement, specification or other document found by the court, Authority or Minister (as the case may be), to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or (b) a contravention of or a failure to comply with, whether by act or omission, any such provision so found, may be relied on by any party to those proceedings as tending to negative or establish any liability which is in question in those proceedings. [3C