PART 5The Information Commission

Codes of practice

125Approval of codes prepared under sections 121 to F1124A

(1)

When a code is prepared under section 121, 122, 123 F2, 124 or 124A—

(a)

the F3Commission must submit the final version to the Secretary of State, and

(b)

the Secretary of State must lay the code before Parliament.

F4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

If, within the 40-day period, either House of Parliament resolves not to approve a code prepared under section 121, 122, 123 F5, 124 or 124A, the F6Commission must not issue the code.

(4)

If no such resolution is made within that period—

(a)

the F7Commission must issue the code, and

(b)

the code comes into force at the end of the period of 21 days beginning with the day on which it is issued.

F8(5)

If the F9Commission is prevented by subsection (3) from issuing a code that is not a replacement code, the F9Commission must prepare another version of the code.

(6)

Nothing in subsection (3) prevents another version of the code being laid before Parliament.

(7)

In this section, “the 40-day period” means—

(a)

if the code is laid before both Houses of Parliament on the same day, the period of 40 days beginning with that day, or

(b)

if the code is laid before the Houses of Parliament on different days, the period of 40 days beginning with the later of those days.

(8)

In calculating the 40-day period, no account is to be taken of any F10whole days that fall within a period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.

(9)

This section, other than F11subsection (5), applies in relation to amendments prepared under section 121, 122, 123 F12, 124 or 124A as it applies in relation to codes prepared under those sections.