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.