Part 4The National Health Service
Chapter 3Protection of NHS from fraud and other unlawful activities
Disclosure notices
I149Code of practice relating to delegated functions
1
The appropriate national authority may issue a code of practice relating to—
a
the exercise of functions by or on behalf of a Special Health Authority by virtue of directions under section 48;
b
procedures to be followed in relation to the disclosure (in accordance with sections 50 and 51) of information obtained by or on behalf of a Special Health Authority in the exercise of such functions.
2
The appropriate national authority must keep the code under review and may from time to time—
a
revise the whole or any part of the code, and
b
issue a revised code.
3
Where the appropriate national authority proposes to issue a code of practice under this section, the authority must—
a
prepare a draft of the code, and
b
consult such persons as the authority considers appropriate about the draft.
4
Where the appropriate national authority proposes to issue a revised code under this section which in the opinion of the authority would result in a substantial change in the code, the authority must—
a
prepare a draft of the revised code, and
b
consult such persons as the authority considers appropriate about the change.
5
Where, following consultation under subsection (3) or (4), the appropriate national authority issues the code or revised code (whether in the form of the draft or with such modifications as the authority thinks fit), it comes into force at the time when it is issued by the authority.
6
A failure to observe any provision of a code or revised code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
7
A code or revised code issued under this section is admissible in evidence in any criminal or civil proceedings.
8
Consultation undertaken by the appropriate national authority before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.