Page:Healthcare Services Act 2020.pdf/49

Rh (6) Until the notice in subsection (5) is published in accordance with that subsection—
 * (a) no code of practice, and no amendment to any code of practice issued or approved under this section, has any force or effect as an approved code of practice; and
 * (b) no revocation of any code of practice issued or approved under this section has any force or effect.

(7) A code of practice issued or approved under this section does not have legislative effect.

(8) Subject to subsection (9), every licensee must comply with the relevant codes of practice applicable to the licensee.

(9) The Director may, either generally or for any period that the Director may specify, waive the application of any code of practice, or any part of the code of practice, issued or approved under this section to any licensee.

(10) Any contravention or failure by a person to comply with a code of practice that applies to the person—
 * (a) does not of itself render the person liable to criminal proceedings; but
 * (b) in any proceedings (criminal or otherwise under this Act), may be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.

Directions concerning health, safety or welfare of individuals, etc.

39.—(1) The Director may give a direction to a licensee if the Director has reasonable grounds to believe that—
 * (a) there are circumstances that may endanger, or are likely to endanger, the health, safety or welfare of—
 * (i) individuals affected by the provision of a licensable healthcare service by the licensee; or