Commentary on Sections Code of Practice Section 78: Making and approval of Code
325.This section sets out the procedure for making and approving the Code of Practice. It requires the Secretary of State, when he proposes to issue or revise a Code of Practice, to prepare a draft, consult those he sees fit and consider representations made by them. If he decides to proceed with the draft he must lay a copy before each House of Parliament.
326.In the case of the first draft of the Code, he cannot issue it until it has been approved by both Houses of Parliament. If he later revises the Code, he must not issue it if, within a period of 40 days, the House resolves not to approve the draft.
327.The section replaces section 314 of the Education Act 1996 in relation to England.