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Protection of Freedoms Act 2012

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This is the original version (as it was originally enacted).

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5(1)A relevant person must have regard to the devolved powers of entry code when exercising any functions to which the code relates.

(2)A failure on the part of any person to act in accordance with any provision of the devolved powers of entry code does not of itself make that person liable to criminal or civil proceedings.

(3)The devolved powers of entry code is admissible in evidence in any such proceedings.

(4)A court or tribunal may, in particular, take into account a failure by a relevant person to have regard to the devolved powers of entry code in determining a question in any such proceedings.

(5)In this paragraph “relevant person” means any person specified or described by the Welsh Ministers in an order made by statutory instrument.

(6)An order under sub-paragraph (5) may, in particular—

(a)restrict the specification or description of a person to that of the person when acting in a specified capacity or exercising specified or described functions,

(b)contain transitional, transitory or saving provision.

(7)So far as an order under sub-paragraph (5) contains a restriction of the kind mentioned in sub-paragraph (6)(a) in relation to a person, the duty in sub-paragraph (1) applies only to the person in that capacity or (as the case may be) only in relation to those functions.

(8)Before making an order under sub-paragraph (5) in relation to any person or description of persons, the Welsh Ministers must consult such persons appearing to the Welsh Ministers to be representative of the views of the person or persons in relation to whom the order may be made as the Welsh Ministers consider appropriate.

(9)No instrument containing the first order under sub-paragraph (5) is to be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.

(10)Subject to this, an instrument containing an order under sub-paragraph (5) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

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