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.