392. Non-observance of codes of practice.

A failure on the part of any person to observe any provision of an approved code of practice1 does not of itself render him liable to any civil or criminal proceedings2. However, where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention3 of any requirement or prohibition imposed by or under certain provisions of the Health and Safety at Work etc Act 1974 relating to general duties4 or of health and safety regulations5 or of any of the existing statutory provisions6, being a provision for which there was an approved