(1)The Secretary of State shall issue a code of practice setting out the matters to be considered in determining—
(a)whether to give a penalty notice under section 9(1), and
(b)the amount of a penalty.
(2)The code may, in particular, require the Secretary of State to consider any decision taken by virtue of section 7.
(3)A court or the sheriff shall, when considering an appeal under section 11, have regard to the code.
(4)The Secretary of State may revise and re-issue the code.
(5)Before issuing or re-issuing the code the Secretary of State must—
(a)publish proposals,
(b)consult members of the public, and
(c)lay a draft before Parliament.
(6)The code (or re-issued code) shall come into force at the prescribed time.