Scottish Biometrics Commissioner Bill 5 7 Effect of the code (1) The following persons must comply with the code of practice when exercising functions to which the code relates— (a) constables and police staff of the Police Service of Scotland, 5 (b) the Scottish Police Authority, (c) the Police Investigations and Review Commissioner. (2) A court or tribunal in civil or criminal proceedings must take the code of practice into account when determining any question to which the code is relevant. (3) Failure to comply with the code of practice does not of itself give rise to grounds for any 10 legal action. (4) The Scottish Ministers may by regulations amend subsection (1) so as to add a person or description of person, vary an entry listed in it, or remove an entry. (5) In this section, “constable” and “police staff” have the same meanings as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012. 15 8 Consultation on the code (1) In preparing a draft code of practice, the Commissioner must consult— (a) the Scottish Ministers, (b) the Lord Advocate, (c) the Lord Justice General, 20 (d) the Faculty of Advocates, (e) the Law Society of Scotland, (f) the chief constable of the Police Service of Scotland, (g) Her Majesty’s Inspectors of Constabulary in Scotland, (h) the Scottish Police Authority, 25 (i) the Police Investigations and Review Commissioner, (j) the Information Commissioner, (k) the Scottish Human Rights Commission, (l) the Commissioner for Children and Young People in Scotland, and (m) such other persons as the Commissioner considers appropriate. 30 (2) For the purpose of subsection (1), it is immaterial that anything done by way of consultation was done before this section comes into force. 8A Further procedure in relation to the first code (1) Having prepared a draft of the first code of practice with which the Commissioner, with the consent of the Scottish Ministers, wishes to proceed, the Commissioner must lay a 35 copy of it before the Scottish Parliament. (2) In finalising a draft of the first code of practice, the Commissioner must have regard to any representations about it that are made to the Commissioner within 60 days of the date on which the copy of it is laid under subsection (1). 6 Scottish Biometrics Commissioner Bill (3) In calculating the period of 60 days for the purpose of subsection (2), no account is to be taken of any time during which the Parliament is dissolved or in recess for more than 4 days. 8B Approval of the code 5 (1) Once the Commissioner has finalised a draft code of practice, the Commissioner must submit it to the Scottish Ministers for approval. (2) The Scottish Ministers may approve a draft code of practice— (a) without modification, or (b) with such modifications as they, with the consent of the Commissioner, consider 10 appropriate. (3) If the Scottish Ministers do not approve a draft code of practice, they must give the Commissioner a statement of their reasons for not approving it. 9 Bringing the code into effect (1) A code of practice approved under section 8B(2) has no effect until the day appointed 15 for the code by regulations made by the Scottish Ministers. (2) Ministers must, when laying before the Scottish Parliament a draft of an instrument containing such regulations, also lay a copy of the approved code of practice. (3) The Commissioner must publish the approved code of practice as soon as reasonably practicable after the regulations are made. 20 10 Report on the code of practice (1) The Commissioner must— (a) keep the code of practice under review, (b) prepare and publish a report on the Commissioner’s findings, and (c) lay a copy of the report before the Scottish Parliament. 25 (2) The first report prepared under subsection (1) must be laid before the Parliament no later than 3 years after the date on which the first code of practice comes into effect. (3) Subsequent reports prepared under subsection (1) must be laid before the Parliament no later than 4 years after the date on which the last such report was laid.