Paragraph 5 I1
The Secretary of State may from time to time revise the whole or part of a code.
Before issuing any revision of a code the Secretary of State must—
prepare and publish a draft, and
consider any representations made about it,
and may modify the draft.
The Secretary of State must, in particular, consult the Investigatory Powers Commissioner and, in the case of a code relating to the exercise of functions conferred by virtue of Part 4, F1the Information Commission.
A revision of a code comes into force in accordance with regulations made by the Secretary of State.
A statutory instrument containing such regulations must be laid before Parliament if the regulations have been made without a draft having been laid before, and approved by a resolution of, each House of Parliament.
When an instrument or draft instrument is laid, the revision of a code to which it relates must also be laid.
No instrument or draft instrument may be laid until the consultation required by sub-paragraphs (2) and (3) has taken place.
Annotations
Textual amendments
- F1
Words in Sch. 7 para. 5(3) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 20(g)(iii); S.I. 2026/1015, reg. 2(c)
Commencement
- I1
Sch. 7 para. 5 in force at 13.2.2017 by S.I. 2017/137, reg. 2(t)