Remember kids... always wear a helmet. (The almighty bikeradar helmet thread)

In the interests of clarifying the facts, "may be used " is the operative phrase. It's a suggestion, and neither legislated nor the result of higher court decisions.

The upshot being that counsel may point to highway code's recommendation, and this may have a material impact on the outcome of any decision, but it ultimately comes down to the opinion of some out of touch fella (or laydee) in a silly wig.

In practice, it does often get used, so worth taking seriously. There is certainly advice in the HC that is highly questionable. It is, after all, published by the Driving Standards Agency. A draft of the new HC two years or so ago even wanted to make the use of cycle facilities compulsory. A big campaign by the CTC eventually saw that one off, but it was incredibly hard work. There is still stuff in it that simply needs to come out of it, and a lot of omissions.