New Clause 12 — Code of Practice (No. 2)
Orders of the Day — Proceeds of Crime Bill — [2nd Allotted Day]
'(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.