Moved by
Baroness Williams of Trafford
109F: After Clause 55, insert the following new Clause—
“Further provision about a code of practice under section (Code of practice relating to non-criminal hate incidents)
(1) The Secretary of State may not issue a code of practice under section (Code of practice relating to non-criminal hate incidents) unless a draft of the code has been laid before and approved by a resolution of each House of Parliament.
(2) The Secretary of State may from time to time revise and reissue a code of practice under section (Code of practice relating to non-criminal hate incidents).
(3) Before reissuing a code of practice the Secretary of State must lay a draft of the code as proposed to be reissued before Parliament.
(4) If, within the 40-day period, either House of Parliament resolves not to approve the code of practice laid under subsection (3)—
(a) the code is not to be reissued, and
(b) the Secretary of State may prepare another code.
(5) If no such resolution is passed within the 40-day period, the Secretary of State may reissue the code of practice.
(6) In this section “the 40-day period” means—
(a) the period of 40 days beginning with the day on which the draft is laid before Parliament, or
(b) if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.
(7) In calculating the 40-day period no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.”
Member’s explanatory statement
This amendment makes provision about the Parliamentary procedure applying to a code of practice issued by the Secretary of State under the new Clause in the name of Baroness Williams of Trafford to be inserted after Clause 55 and dealing with codes of practice relating to non-criminal hate incidents.