s 41 Use of codes of practice or ethics
41.—(1) A person is not liable to any criminal proceedings by reason only that the person has failed to observe any code of practice or code of ethics issued or approved under section 40. (2) In any proceedings for an offence under this Act, a code of practice or code of ethics issued or approved under section 40 that is relevant to any matter which it is necessary for the prosecution to prove in order to establish the commission of the offence is admissible in evidence in the proceedings. (3) In determining for the purposes of any provision of this Act as to whether any activity or practice in or in relation to the conduct of human biomedical research or tissue banking activity is reasonable and in accordance with the generally accepted practices and principles of ethical conduct, regard must be had to any relevant code of practice or code of ethics issued or approved under section 40.