(1)Where ACAS proposes to issue a Code of Practice, or a revised Code, it shall prepare and publish a draft of the Code, shall consider any representations made to it about the draft and may modify the draft accordingly.
(2)If ACAS determines to proceed with the draft, it shall transmit the draft to the Secretary of State who—
(a)if he approves of it, shall lay it before both Houses of Parliament, and
(b)if he does not approve of it, shall publish details of his reasons for withholding approval.
[F1(3)A Code containing practical guidance—
(a)on the time off to be permitted to a trade union learning representative in accordance with section 168A (time off for training and carrying out functions as a learning representative),
(b)on the training that is sufficient to enable a trade union learning representative to carry on the activities mentioned in section 168A(2) (activities for which time off is to be permitted), or
(c)on any of the matters referred to in section 199(2),
shall not be issued unless the draft has been approved by a resolution of each House of Parliament; and if it is so approved, ACAS shall issue the Code in the form of the draft.]
(4)In any other case the following procedure applies—
(a)if, within the period of 40 days beginning with the day on which the draft is laid before Parliament, (or, if copies are laid before the two Houses on different days, with the later of the two days) either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft;
(b)if no such resolution is passed, ACAS shall issue the Code in the form of the draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(5)A Code issued in accordance with this section shall come into effect on such day as the Secretary of State may appoint by order made by statutory instrument.
The order may contain such transitional provisions or savings as appear to him to be necessary or expedient.
Textual Amendments
F1S. 200(3) substituted (27.4.2003) by 2002 c. 22, ss. 43(8), 55(2); S.I. 2003/1190, art. 2(1) (with art. 3)