Biometric registration

13Penalty: code of practice

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.