Section 93 | Codes of practice: panels and impact assessments

In the 2018 Act, after section 124A (inserted by section 92 of this Act) insert—

124BPanels to consider codes of practice

(1)This section applies where a code is prepared under section 121, 122, 123, 124 or 124A, subject to subsection (11).

(2)The Commissioner must establish a panel of individuals to consider the code.

(3)The panel must consist of—

(a)individuals the Commissioner considers have expertise in the subject matter of the code, and

(b)individuals the Commissioner considers—

(i)are likely to be affected by the code, or

(ii)represent persons likely to be affected by the code.

(4)Before the panel begins to consider the code, the Commissioner must—

(a)publish the code in draft, and

(b)publish a statement that—

(i)states that a panel has been established to consider the code,

(ii)identifies the members of the panel,

(iii)explains the process by which they were selected, and

(iv)explains the reasons for their selection.

(5)Where at any time it appears to the Commissioner that a member of the panel is not willing or able to serve as a member of the panel, the Commissioner may select another individual to be a member of the panel.

(6)Where the Commissioner selects an individual to be a member of the panel under subsection (5), the Commissioner must publish a statement that—

(a)identifies the member of the panel,

(b)explains the process by which the member was selected, and

(c)explains the reasons for the member’s selection.

(7)The Commissioner must make arrangements—

(a)for the members of the panel to consider the code with one another (whether in person or otherwise), and

(b)for the panel to prepare and submit to the Commissioner a report on the code within such reasonable period as is determined by the Commissioner.

(8)If the panel submits to the Commissioner a report on the code within the period determined by the Commissioner, the Commissioner must as soon as reasonably practicable—

(a)make any alterations to the code that the Commissioner considers appropriate in the light of the report, and

(b)publish—

(i)the code in draft,

(ii)the report or a summary of it, and

(iii)in a case where a recommendation in the report to alter the code has not been accepted by the Commissioner, an explanation of why it has not been accepted.

(9)The Commissioner may pay remuneration and expenses to the members of the panel.

(10)This section applies in relation to amendments prepared under section 121, 122, 123, 124 or 124A as it applies in relation to codes prepared under those sections, subject to subsection (11).

(11)The Secretary of State may by regulations provide that this section does not apply, or applies with modifications, in the case of—

(a)a code prepared under section 124A, or

(b)an amendment of such a code,

that is specified or described in the regulations.

(12)Regulations under this section are subject to the negative resolution procedure.

124CImpact assessments for codes of practice

(1)Where a code is prepared under section 121, 122, 123, 124 or 124A, the Commissioner must carry out and publish an assessment of—

(a)who would be likely to be affected by the code, and

(b)the effect the code would be likely to have on them.

(2)This section applies in relation to amendments prepared under section 121, 122, 123, 124 or 124A as it applies in relation to codes prepared under those sections.