PART 3Providers of regulated user-to-user services and regulated search services: duties of care

CHAPTER 6Codes of practice and guidance

Codes of practice

45Procedure for issuing codes of practice following direction under section 44

(1)

This section sets out the procedure that applies where a draft of a code of practice is laid before Parliament under section 44(12).

(2)

If the draft contains modifications made following a direction given under section 44(1), (2) or (3)(b), the affirmative procedure applies.

(3)

If the draft contains modifications made following a direction given under section 44(3)(a), (4) or (5), the negative procedure applies.

(4)

The “affirmative procedure” is as follows—

(a)

a code of practice in the form of the draft laid before Parliament must not be issued by OFCOM unless the draft has been approved by a resolution of each House of Parliament;

(b)

if the draft is so approved, the code of practice comes into force at the end of the period of 21 days beginning with the day on which it is issued;

(c)

if the draft is not so approved, OFCOM must prepare another draft of the code of practice under section 41.

(5)

The “negative procedure” is as follows—

(a)

if, within the 40-day period, either House of Parliament resolves not to approve the draft—

(i)

OFCOM must not issue the code of practice in the form of that draft, and

(ii)

OFCOM must prepare another draft of the code of practice under section 41;

(b)

if no such resolution is made within that period—

(i)

OFCOM must issue the code of practice in the form of the draft laid before Parliament, and

(ii)

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

(6)

“The 40-day period” has the same meaning as in section 43 (see subsections (5) and (6) of that section).

(7)

This section applies in relation to a draft of amendments of a code of practice laid before Parliament under section 44(12) as it applies in relation to a draft of a code of practice laid under that provision.