Part 11

Retention of Communications Data

Procedure for codes of practice
103
1
Before issuing the code of practice under section 102 the Secretary of State shall—
a
prepare and publish a draft of the code; and
b
consider any representations made to him about the draft;
and the Secretary of State may incorporate in the code finally issued any modifications made by him to the draft after its publication.
2
Before publishing a draft of the code the Secretary of State shall consult with—
a
the Information Commissioner; and
b
the communications providers to whom the code will apply.
3
The Secretary of State may discharge his duty under subsection (2) to consult with any communications providers by consulting with a person who appears to him to represent those providers.
4
The Secretary of State shall lay before Parliament the draft code of practice under section 102 that is prepared and published by him under this section.
5
The code of practice issued by the Secretary of State under section 102 shall not be brought into force except in accordance with an order made by the Secretary of State by statutory instrument.
6
An order under subsection (5) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the coming into force of the code to which the order relates.
7
The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by resolution of each House.
8
The Secretary of State may from time to time—
a
revise the whole or any part of the code issued under section 102; and
b
issue the revised code.
9
The preceding provisions of this section shall apply (with appropriate modifications) in relation to the issue of any revised code under section 102 as they apply in relation to the first issuing of the code.
10
Subsection (9) shall not, in the case of a draft of a revised code, require the Secretary of State to consult under subsection (2) with any communications providers who would not be affected by the proposed revisions.