SCHEDULE 8Carriers' Liability

3After section 32 insert—

32ALevel of penalty: code of practice

(1)The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 32.

(2)The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—

(a)when imposing a penalty under section 32, and

(b)when considering a notice of objection under section 35(4).

(3)Before issuing the code the Secretary of State shall lay a draft before Parliament.

(4)After laying the draft code before Parliament the Secretary of State may bring the code into operation by order.

(5)The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

(6)Subsections (3) and (4) also apply to a revision or proposed revision of the code.