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Clause 10

Volume 172: debated on Thursday 17 May 1990

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Consequential Revision Or Revocation Of Codes Of Practice

Amendments made: No. 9, in page 9, line 38, leave out subsections (1) and (2) and insert—

'(1) A Code of Practice to which this section applies may be revised by the appropriate authority in accordance with this section for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.
"Statutory provisions" here means provisions made by or under an Act of Parliament, and "subsequent" statutory provisions means provisions coming into force after the Code was issued (whether before or after the commencement of this section).
(2) The Codes of Practice to which this section applies are—
  • (a) those issued under section 3 of the Employment Act 1980, in relation to which the appropriate authority is the Secretary of State,
  • (b) those issued under section 6 of the Employment Protection Act 1975, in relation to which the appropriate authority is the Advisory, Conciliation and Arbitration Service, and
  • (c) that having effect under paragraph 4 of Schedule 17 to that Act, in relation to which the appropriate authority is the Secretary of State.'.
  • No. 10, in page 10, line 7, at end insert—

    '(3A) Where the Advisory, Conciliation and Arbitration Service proposes to revise a Code under this section, it shall transmit a draft of the revised Code to the Secretary of State who shall—
  • (a) if he approves of it, lay the draft before each House of Parliament;
  • (b) if he does not approve of it, publish details of his reasons for withholding approval.'.
  • No 11, in page 10, line 9, leave out 'the' and insert 'a'.

    No 12, in page 10, line 9, after `Parliament' insert

    'under subsection (3) or (3A)'.

    No. 13, in page 10, line 16, leave out 'Secretary of State' and insert 'appropriate authority'.

    No. 14, in page 10, line 20, leave out subsection (6) and insert—

    '(6) A Code of Practice to which this section applies may be revoked by the Secretary of State by order made by statutory instrument; but no such order shall be made—
  • (a) in the case of a Code in relation to which the Advisory, Conciliation and Arbitration Service is the appropriate authority, except at the request of the Service, and
  • (b) in any case, unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
  • (6A) If the Advisory, Conciliation and Arbitration Service requests the Secretary of State to revoke a Code of Practice in relation to which it is the appropriate authority and he decides not to do so, he shall publish details of his reasons for his decision.'.—[Mr. Howard.]