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Regulatory Reform Act 2001

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10Making of codes of practice by Ministers of the Crown

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(1)Where a Minister of the Crown proposes to issue or revise a code of practice under section 9, he shall prepare a draft of the code (or revised code).

(2)The Minister shall consult about the draft—

(a)persons appearing to him to be representative of enforcement officers who are authorised to enforce any of the restrictions, requirements or conditions to which the code of practice relates,

(b)if the draft relates to Wales, the National Assembly for Wales, and

(c)such other persons as he considers appropriate.

(3)If the Minister determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay a copy of the draft before each House of Parliament.

(4)If, within the 40-day period, either House resolves not to approve the draft, the Minister shall take no further steps in relation to the proposed code.

(5)If no such resolution is made within the 40-day period, the Minister shall issue the code (or revised code) in the form of the draft, and it shall come into force on such date as the Minister may by order made by statutory instrument appoint.

(6)Subsection (4) does not prevent a new draft of a proposed code from being laid before Parliament.

(7)In this section “40-day period”, in relation to the draft of a proposed code, means—

(a)if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b)in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(8)In this section references to a proposed code include references to a proposed revised code.

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