Commentary on Sections Section 69 – Failure to comply with codes
121.By virtue of this section, a person’s failure to comply with a provision of an approved code of practice does not render that person liable to enforcement action of any kind.
122.However, if any action is taken under the Measure in respect of a failure of a person (“P”) to comply with a standard (“the alleged standards failure”), a failure by P to comply with a relevant provision of an approved code of practice may be relied upon as tending to establish that P is liable for the alleged standards failure. Conversely, compliance with a relevant provision of an approved code of practice may be relied upon as tending to establish that P is not liable for the alleged standards failure.