Health Act 2007
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Admissibility of standards in court proceedings. |
11.— (1) In proceedings for an offence under this Act relating to an alleged contravention of any provision of this Act or of the regulations in respect of which standards have been set by the Authority under section 8 (1)(b), subsection (2) of this section has effect in relation to those standards and those proceedings. | |
(2) Where the standards referred to in subsection (1) appear to the Court to give guidance as to the observance of the provision of the Act or of the regulations that is alleged to have been contravened, the standards are admissible in evidence. | ||
(3) If it is proved that any act or omission of the defendant, alleged to constitute a contravention of a provision referred to in subsection (1), is— | ||
(a) in compliance with the standards referred to in subsection (1), or | ||
(b) not in compliance with those standards, | ||
the fact of that compliance or non-compliance is admissible in evidence. | ||
(4) A document bearing the seal of the Authority and purporting to be a standard or part of a standard set by the Authority under section 8 (1)(b) is admissible as evidence in any proceedings under this Act. |