Paragraph 17 Requirement to issue a code of practiceF1

(1)

The Secretary of State must issue a code of practice about eligibility verification notices before giving the first such notice under this Schedule.

(2)

The code of practice must include provision about—

(a)

the exercise of the power to issue an eligibility verification notice;

(b)

the processing, use and retention of information given in response to an eligibility verification notice;

(c)

the circumstances in which the Secretary of State will regard a person as having complied with an eligibility verification notice;

(d)

the imposition of penalties in relation to an eligibility verification notice;

(e)

reviews under paragraph 13.

(3)

Before issuing the code of practice, the Secretary of State must carry out a public consultation on a draft of the code.

(4)

The Secretary of State must lay the code of practice before Parliament.

(5)

The requirement in sub-paragraph (3) may be satisfied by public consultation carried out before this paragraph comes into force.

Annotations

F1: Sch. 3B inserted (2.12.2025 but only for the purposes of making regulations, 2.2.2026 in so far as not already in force) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), s. 109(2)(b), Sch. 3 Pt. 1 (with s. 105); S.I. 2025/1265, reg. 2(2)(c)