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PART III |
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SUPPLEMENTAL |
| Guidance by Commission |
| 6. - (1) The Commission may prepare, and from time to time revise, a code of practice giving guidance- |
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(a) as to the kinds of expenses which do, or do not, fall within Part I or II of this Schedule; and |
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(b) as to the manner in which amounts falling to be determined under paragraph 4 or 5 above are to be determined, including the matters which are to be taken into account and the basis on which amounts are to be calculated or estimated. |
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(2) Once the Commission have prepared a draft code under this paragraph, they shall submit it to the Secretary of State for his approval. |
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(3) The Secretary of State may approve a draft code either without modification or with such modifications as he may determine. |
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(4) Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether- |
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(a) in its original form, or |
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(b) in a form which incorporates any modifications determined under sub-paragraph (3), |
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before each House of Parliament. |
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(5) If the draft incorporates any such modifications, the Secretary of State shall at the same time lay before each House a statement of his reasons for making them. |
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(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the draft code. |
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(7) If no such resolution is made within the 40-day period- |
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(a) the Secretary of State shall issue the code in the form of the draft laid before Parliament, and |
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(b) the code shall come into force on such date as the Secretary of State may by order appoint; |
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and the Commission shall arrange for it to be published in such manner as they consider appropriate. |
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(8) Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament. |
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(9) In this paragraph "40-day period", in relation to a draft code, means- |
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(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and |
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(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, |
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no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. |
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(10) In this paragraph references to a draft code include a draft revised code. |
| Power to amend Parts I and II |
| 7. - (1) The Secretary of State may by order make such amendments of Part I or II of this Schedule as he considers appropriate. |
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(2) The Secretary of State may make such an order either- |
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(a) where the order gives effect to a recommendation of the Commission; or |
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(b) after consultation with the Commission. |