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Part 4 · Licensing of Data Centre Operators

37. Codes of practice

(1)

The Authority may, from time to time —

(a)

issue or approve one or more codes of practice relating to practices and measures to be taken by licensees to ensure the energy efficiency and water efficiency of the data centres operated by the licensees; and

(b)

amend or revoke any code of practice issued or approved under paragraph (a).

(2)

If any provision in any code of practice is inconsistent with this Act, the provision, to the extent of the inconsistency, does not have effect.

(3)

Where a code of practice is issued, approved, amended or revoked by the Authority under subsection (1), the Authority must —

(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) in a manner that will secure adequate publicity for the issue, approval, amendment or revocation, as the case may be;

(b)

specify in the notice the date of the issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available free of charge to a licensee to whom that code applies.

(4)

None of the following has any effect until the notice relating to it is published in accordance with subsection (3):

(a)

a code of practice;

(b)

an amendment to a code of practice;

(c)

a revocation of a code of practice.

(5)

A code of practice has no legislative effect.

(6)

Subject to subsections (4) and (7), every licensee must comply with any code of practice that applies to the licensee.

(7)

The Authority may, either generally or for such time as the Authority may specify, waive the application to a licensee of any code of practice, or any part of it.

Report

Part 5

Reconsiderations and Appeals

Part 6

Enforcement

Part 7

Miscellaneous

Part 8

Related Amendments to Cybersecurity Act 2018

Part 9

Saving and Transitional Provisions

Schedules