32A Level of penalty: code of practice

1

The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 32.

2

The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—

a

when imposing a penalty under section 32, and

b

when considering a notice of objection under section 35(4).

3

Before issuing the code the Secretary of State shall lay a draft before Parliament.

4

After laying the draft code before Parliament the Secretary of State may bring the code into operation by order.

5

The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

6

Subsections (3) and (4) also apply to a revision or proposed revision of the code.