- '(1) The Scottish Ministers must prepare a code of practice as to the exercise by proper persons of functions they have under this Chapter.
- (2) After preparing a draft of the code the Scottish Ministers—
- (a) must publish the draft;
- (b) must consider any representations made to them about the draft;
- (c) may amend the draft accordingly.
- (3) After the Scottish Ministers have proceeded under subsection (2) they must lay the code before the Scottish Parliament.
- (4) When they have done so, the Scottish Ministers may bring the code into operation on such day as they may appoint by order.
- (5) A proper person must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.
- (6) If a proper person fails to comply with any provision of a code of practice issued under this section he is not by reason only of that failure liable in any criminal or civil proceedings.
- (7) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any questions in the proceedings.
- (8) The Scottish Ministers may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.'.—[Mrs.. McGuire.]
§ Brought up, read the First and Second time, and added to the Bill.