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Scottish Biometrics Commissioner Act 2020

Code of practice

Section 10: Consultation on the code

23.Subsection (1) of section 10 lists a set of prescribed consultees whom the Commissioner must consult in preparing a draft code of practice prior to the process for approval of the code proceeding further under section 11 or (in the case of a code that is not the first code) 12. By virtue of section 7(5), this required consultation process applies equally when revising the code of practice. Subsection (1)(m) also allows the Commissioner to use their discretion to also consult anyone else they consider appropriate. Subsection (2) states that any consultation which was undertaken with consultees remains valid even if such consultation took place before this section came into force. This ensures that, once appointed, the Commissioner will be able to begin work on the code straight away.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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