The Secretary of State must issue a code of practice specifying what a landlord or agent should or should not do to ensure that, while avoiding liability to pay a penalty under this Chapter, the landlord or agent also avoids contravening—
the Equality Act 2010, so far as relating to race, or
the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)).
The Secretary of State must from time to time review the code and may revise and re-issue it following a review.
Before issuing the code (or a revised code) the Secretary of State must consult—
the Commission for Equality and Human Rights,
the Equality Commission for Northern Ireland, and
such persons representing the interests of landlords and tenants as the Secretary of State considers appropriate.
After consulting under subsection (3) the Secretary of State must—
publish a draft code, and
consider any representations made about the published draft.
The code (or revised code)—
may not be issued unless a draft has been laid before Parliament (prepared after considering representations under subsection (4)(b) and with or without modifications to reflect the representations), and
comes into force in accordance with provision made by order of the Secretary of State.
A breach of the code—
does not make a person liable to civil or criminal proceedings, but
may be taken into account by a court or tribunal.