Identity Cards Bill (2004)

(1) The Secretary of State must issue a code of practice setting out the matters that he will consider when determining the amount to be imposed in any case by way of a civil penalty under this Act.

(2) The Secretary of State must have regard to the code when—

(a) imposing a civil penalty under this Act; or

(b) considering a notice of objection under section 34.

(3) The court must have regard to the code when determining any appeal under section 35.

(4) Before issuing the code, the Secretary of State must lay a draft of it before Parliament.

(5) The code issued under this section does not come into force until the time specified by order made by the Secretary of State.

(6) The Secretary of State may from time to time—

(a) revise the whole or a part of the code; and

(b) issue the revised code.

(7) Subsections (4) and (5) apply to a revised code as they apply to the code first issued under this section.

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EXPLANATORY NOTES

Clause 36: Code of practice on penalties

188. This clause sets out the provisions relating to the code of practice on penalties.

189. The Secretary of State has the duty to issue a code of practice setting out the matters that will be considered when determining the amount of a civil penalty. He must have regard to the code when imposing a penalty or considering a notice of objection. A court must also have regard to the code when determining any appeal.

190. Before issuing the code, a draft must be laid before Parliament. It then comes into force as specified by order.