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Change 1
As published
177 Section 173: code of practice
(1) The Secretary of State must prepare a code of practice about—
(a) the exercise of the power to give an authorisation under section 173(1), and
(b) the exercise of the powers conferred by such an authorisation.
(2) The code may make different provision for different purposes or areas.
(3) In preparing the code, the Secretary of State must consult—
(a) the Information Commissioner,
(b) the Investigatory Powers Commissioner,
(c) the Scottish Ministers,
(d) the Department of Justice in Northern Ireland, and
(e) such other persons as the Secretary of State considers appropriate.
(4) After preparing the code, the Secretary of State must lay it before Parliament and publish it.
(5) After the Secretary of State has complied with subsection (4), the Secretary of State may bring the code into force by regulations.
(6) After the code has come into force the Secretary of State may from time to time revise it.
(7) A person must have regard to the code of practice for the time being in force under this section in exercising, or deciding whether to exercise, the powers mentioned in subsection (1).
(8) A failure on the part of a person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings.
(9) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.
(10) References in subsections (2) to (9) to the code include a revised code, subject to subsection (11).
(11) The duty to consult in subsection (3) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.
Your change, as a redline
177 Section 173: code of practice
(1) The Secretary of State must prepare a code of practice about—
(a) the exercise of the power to give an authorisation under section 173(1), and
(b) the exercise of the powers conferred by such an authorisation.
(2) The code may make different provision for different purposes or areas.
(3) In preparing the code, the Secretary of State must consult—
(a) the Information Commissioner,
(b) the Investigatory Powers Commissioner,
(c) the Scottish Ministers,
(d) the Department of Justice in Northern Ireland, and
(e) such other persons as the Secretary of State considers appropriate.
(4) After preparing the code, the Secretary of State must lay it before Parliament and publish it.
(5) After the Secretary of State has complied with subsection (4), the Secretary of State may bring the code into force by regulations.
(6) After the code has come into force the Secretary of State may from time to time revise it.
(7) A person must have regard to the code of practice for the time being in force under this section in exercising, or deciding whether to exercise, the powers mentioned in subsection (1).
(8) A failure on the part of a person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings.
(9) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.
(10) References in subsections (2) to (9) to the code include a revised code, subject to subsection (11).
(11) The duty to consult in subsection (3) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.
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