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Investigatory Powers Act 2016

Investigatory Powers Act 2016 Sch 7 para 6

Sch 7 para 6

(1) A person must have regard to a code when exercising any functions to which the code relates. (2) A failure on the part of a person to comply with any provision of a code does not of itself make that person liable to criminal or civil proceedings. (3) A code is admissible in evidence in any such proceedings. (4) A court or tribunal may, in particular, take into account a failure by a person to have regard to a code in determining a question in any such proceedings. (5) A supervisory authority exercising functions by virtue of this Act may take into account a failure by a person to have regard to a code in determining a question which arises in connection with the exercise of those functions. (6) In this paragraph “ supervisory authority ” means— (a) the Investigatory Powers Commissioner or any other Judicial Commissioner, (b) the Information Commissioner, or (c) the Investigatory Powers Tribunal.

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