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Codes of practice
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21. (1) The Authority may—
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(a) establish a code of practice, or
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(b) adopt in whole or in part a code of practice published by another person whether within the State or otherwise,
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for the purpose of—
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(i) providing practical guidance to holders of licences, and
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(ii) establishing standards in relation to the general behaviour, duties and conduct of drivers of, and persons providing services in respect of, small public service vehicles and their passengers and intending passengers.
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(2) A code of practice is in addition to and not in substitution for any SPSV regulations in relation to the matters to which the code applies.
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(3) A code of practice shall be published by the Authority—
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(a) on the website of the Authority in such a form or manner as the Authority thinks appropriate, and
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(b) in printed form available on request on payment of such reasonable fee (if any) as the Authority decides,
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and the code published shall specify the date from which it or any amendment to it has effect.
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(4) It is the duty of a person to comply with a code of practice applying to him or her in so far as is reasonably practicable.
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(5) Before establishing or adopting a code of practice, the Authority—
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(a) shall publish on the website of the Authority a draft of the proposed code and allow persons a specified period, being not less than 21 days from the date of publication, to make written representations to the Authority in relation to the draft code or draft amendment, and
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(b) may, having considered any representations received, establish or adopt the draft code, with or without modification.
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(6) Subsection (7) applies in proceedings for an offence under this Act where there was a relevant code of practice in effect at the time of the commission of the alleged offence.
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(7) Where it is shown in any proceedings that an act or omission of the accused constituted an element of an offence and such act or omission was—
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(a) a failure to observe a relevant code of practice referred to in subsection (6), or
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(b) in compliance with that code of practice,
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the failure or compliance is admissible in evidence.
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(8) A copy of a code of practice which has endorsed on it a certificate purporting to be signed by an officer of the Authority, authorised by the Authority in that behalf, stating that the copy is a true copy of the code of practice may, without proof of the signature of the person signing the certificate or that he or she is authorised to sign the certificate, be produced in every court and in all proceedings under this Act and is evidence, unless the contrary is shown, of the code of practice.
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(9) In this section “code of practice” means a code of practice established or adopted under subsection (1).
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