Regulation 32B Accreditation of bodies monitoring compliance with codes of conductF1

(1)

The F2Commission may, in accordance with this regulation, accredit a body for the purpose of monitoring whether persons other than public bodies comply with a code of conduct described in regulation 32A(1).

(2)

The Commission may accredit a body only where the Commission is satisfied that the body has—

(a)

demonstrated its independence,

(b)

demonstrated that it has an appropriate level of expertise in relation to the subject matter of the code,

(c)

established procedures which allow it—

(i)

to assess a person’s eligibility to apply the code,

(ii)

to monitor compliance with the code, and

(iii)

to review the operation of the code periodically,

(d)

established procedures and structures to handle complaints about infringements of the code or about the manner in which the code has been, or is being, implemented by a person,

(e)

made arrangements to publish information about the procedures and structures described in sub-paragraph (d), and

(f)

demonstrated that it does not have a conflict of interest.

(3)

The Commission must prepare and publish guidance about how the Commission proposes to take decisions about accreditation under this regulation.

(4)

A body accredited under this regulation in relation to a code must take appropriate action where a person infringes the code.

(5)

If the action taken by a body under paragraph (4) consists of suspending or excluding a person from the code, the body must inform the F3Commission, giving reasons for taking that action.

(6)

The Commission must revoke the accreditation of a body under this regulation if the Commission considers that the body—

(a)

no longer meets the requirements for accreditation, or

(b)

has failed, or is failing, to comply with paragraph (4) or (5).

(7)

In this regulation, “public body” has the same meaning as in regulation 32A.

Annotations

Textual amendments

F1: Regs. 32A-32C inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 116(2), 142(1); S.I. 2026/82, reg. 2(z)
F2: Word in reg. 32B(1)-(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. 3 para. 6(3)(4)(i); S.I. 2026/1015, reg. 2(c)
F3: Word in reg. 32B(5)(6) 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. 3 para. 6(3)(4)(i); S.I. 2026/1015, reg. 2(c)