PART 5The Information Commission

Codes of practice

F1124BPanels to consider codes of practice

(1)

This section applies where a code is prepared under section 121, 122, 123, 124 or 124A, subject to subsection (11).

(2)

The F2Commission must establish a panel of individuals to consider the code.

(3)

The panel must consist of—

(a)

individuals the F2Commission considers have expertise in the subject matter of the code, and

(b)

individuals the F2Commission considers—

(i)

are likely to be affected by the code, or

(ii)

represent persons likely to be affected by the code.

(4)

Before the panel begins to consider the code, the F2Commission must—

(a)

publish the code in draft, and

(b)

publish a statement that—

(i)

states that a panel has been established to consider the code,

(ii)

identifies the members of the panel,

(iii)

explains the process by which they were selected, and

(iv)

explains the reasons for their selection.

(5)

Where at any time it appears to the F2Commission that a member of the panel is not willing or able to serve as a member of the panel, the F2Commission may select another individual to be a member of the panel.

(6)

Where the F2Commission selects an individual to be a member of the panel under subsection (5), the F2Commission must publish a statement that—

(a)

identifies the member of the panel,

(b)

explains the process by which the member was selected, and

(c)

explains the reasons for the member’s selection.

(7)

The F2Commission must make arrangements—

(a)

for the members of the panel to consider the code with one another (whether in person or otherwise), and

(b)

for the panel to prepare and submit to the F2Commission a report on the code within such reasonable period as is determined by the F2Commission.

(8)

If the panel submits to the F2Commission a report on the code within the period determined by the F2Commission, the F2Commission must as soon as reasonably practicable—

(a)

make any alterations to the code that the F2Commission considers appropriate in the light of the report, and

(b)

publish—

(i)

the code in draft,

(ii)

the report or a summary of it, and

(iii)

in a case where a recommendation in the report to alter the code has not been accepted by the F2Commission, an explanation of why it has not been accepted.

(9)

The F2Commission may pay remuneration and expenses to the members of the panel.

(10)

This section applies in relation to amendments prepared under section 121, 122, 123, 124 or 124A as it applies in relation to codes prepared under those sections, subject to subsection (11).

(11)

The Secretary of State may by regulations provide that this section does not apply, or applies with modifications, in the case of—

(a)

a code prepared under section 124A, or

(b)

an amendment of such a code,

that is specified or described in the regulations.

(12)

Regulations under this section are subject to the negative resolution procedure.