Andy, I'm with JamS3 & filipharvey here. As the things are very precisely worded, they are correct. With each question you ask (reading this all in one go) you highlight some of the ambiguity (and in my opinion a misinterpretation), certainly on the driving without due care and attention. But the point still stands... You would be charged with a breach of the Road Traffic Act, with the evidence of the crap driving coming from whatever the numpty has done:
"Although failure to comply with the other rules of the Code will not, it itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under Traffic Acts to establish liability."
The highway code merely repeats some of the Road Traffic Acts (the bit about speed limits etc. wasn't set by the HC, so you're not just falling foul of the HC but the roud traffic act too. There has been no parliamentary act passed making the content of the highway code law.