Explanatory Notes

Scottish Biometrics Commissioner Act 2020

2020 asp 8

20 April 2020

Commentary on Sections

Code of practice

Section 13: Bringing the code into effect

26.Section 13 states that any code of practice approved under section 12(2) has no effect until the day appointed for the code by regulations made by the Scottish Ministers. Such regulations are subject to the affirmative procedure under section 37(2). While the regulations will not contain the code, the Scottish Ministers must lay a copy of the code before the Scottish Parliament at the same time as the regulations are laid. This is to ensure that the Parliament has the opportunity to consider the code of practice before approving the regulations that bring the code into effect. Once the date for coming into force has been approved by regulations, the Commissioner must publish the code.