PART 6

Enforcement

Guidance

Approval of first guidance about regulatory action
161
1
When the first guidance is produced under section 160(1)—
a
the Commissioner must submit the final version to the Secretary of State, and
b
the Secretary of State must lay the guidance before Parliament.
2
If, within the 40-day period, either House of Parliament resolves not to approve the guidance—
a
the Commissioner must not issue the guidance, and
b
the Commissioner must produce another version of the guidance (and this section applies to that version).
3
If, within the 40-day period, no such resolution is made—
a
the Commissioner must issue the guidance, and
b
the guidance comes into force at the end of the period of 21 days beginning with the day on which it is issued.
4
Nothing in subsection (2)(a) prevents another version of the guidance being laid before Parliament.
5
In this section, “the 40-day period” means—
a
if the guidance is laid before both Houses of Parliament on the same day, the period of 40 days beginning with that day, or
b
if the guidance is laid before the Houses of Parliament on different days, the period of 40 days beginning with the later of those days.
6
In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.