Commentary on provisions of Act Section 3: Codes of practice about security measures Section 105H: Effects of codes of practice about security measures
Subsection (1) makes clear that codes are guidance and that a failure to act in accordance with their provision does not of itself make a provider liable to legal proceedings. When determining any question in legal proceedings, the court must take into account any provisions of the code which were in force at the time and appear relevant (subsection (2)).
	Subsection (3) provides that Ofcom must take a code provision into account in determining any question while carrying out its relevant functions, where such provision is in force at the time and appears relevant. The list of relevant functions is set out at subsection (4).