28(1)Section 53A (codes of practice) is amended as follows.
(2)In subsection (1) (persons to whom codes may be issued)—
(a)after paragraph (b) there is inserted—
“(ba)public authorities within the meaning given by section 21B;
(bb)associations to which section 21F applies;” and
(b)in paragraph (d), after “Chapter 2” there is inserted “ ;or 2A ”.
(3)After subsection (1B) there is inserted—
“(1C)The Commission may prepare and issue codes of practice giving practical guidance to persons subject to duties under section 49A or 49D on how to perform those duties.”
(4)After subsection (4) there is inserted—
“(4A)Where a draft of a code of practice that deals with performance of duties under section 49A or 49D is submitted to the Secretary of State for approval, he shall consult the Scottish Ministers and the National Assembly for Wales before deciding whether to approve it.”
(5)After subsection (6) there is inserted—
“(6A)Before appointing a day under subsection (6)(a) for the coming into effect of a code of practice that deals with performance of duties under section 49A or 49D, the Secretary of State shall consult the Scottish Ministers and the National Assembly for Wales.”
(6)In subsection (8A) (account may be taken of code of practice in proceedings under Part 2, 3 or 4), for “or 4” there is substituted “ ;, 4 or 5A, or any proceedings relating to a relevant improvement, ”.
(7)In subsection (9), after the definition of “40 day period” there is inserted—
““relevant improvement” means an improvement (within the meaning of section 49G(9)) to premises which, having regard to the disability which a disabled person who lawfully occupies or is intended lawfully to occupy the premises has, is likely to facilitate his enjoyment of the premises.”
Commencement Information
I1Sch. 1 para. 28 wholly in force at 4.12.2006; Sch. 1 para. 28 not in force at Royal Assent see s. 20(3); Sch. 1 para. 28(1)-(5)(7) in force at 30.6.2005 by S.I. 2005/1676, art. 2(1)(c); Sch. 1 para. 28 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(f)