Section 226 — Health and Safety at Work Act 2015: Use of approved codes of practice in proceedings

226 Use of approved codes of practice in proceedings (1) No code of practice issued or amended under this Part confers rights or obligations capable of enforcement in any civil or criminal proceedings. (2) However, an approved code of practice is admissible in any civil or criminal proceedings as evidence of whether or not a duty or obligation under this Act has been complied with. (3) The court may— (a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment, or risk control to which the code relates; and (b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates. (4) Nothing in this section prevents a person from introducing evidence of compliance with this Act in a manner that is different from the code but provides a standard of work health and safety that is equivalent to or higher than the standard required in the code. Compare: 1992 No 96 s 20B ; Model Work Health and Safety Act (Aust) s 275