34Code of practice on penaltiesU.K.
(1)The Secretary of State must issue a code of practice setting out the matters that must be considered when determining—
(a)whether a civil penalty should be imposed under this Act; and
(b)the amount of such a penalty.
(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 32.
(3)The court must have regard to the code when determining any appeal under section 33.
(4)Before issuing the code, the Secretary of State must lay a draft of it before Parliament.
(5)Before a draft code under this section is laid before Parliament, the Secretary of State must take such steps as he thinks fit—
(a)for securing that members of the public in the United Kingdom are informed about the proposed code; and
(b)for consulting them about it.
(6)The code issued under this section does not come into force until the time specified by order made by the Secretary of State.
(7)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.
(8)Subsections (4) to (6) apply to a revised code as they apply to the code first issued under this section.
(9)The power of the Secretary of State to make an order containing (with or without other provision) a provision authorised by this section is exercisable, on the first occasion on which an order is made under this section, only if a draft of the order has been laid before Parliament and approved by a resolution of each House.
(10)A statutory instrument containing an order which—
(a)contains provisions that the Secretary of State is authorised to make by this section, and
(b)is not an order a draft of which is required to have been laid before Parliament and approved by a resolution of each House,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.