The Regulator may issue a code of conduct after consultation with relevant stakeholders or on application by relevant bodies. The period of consultations with relevant stakeholders should not be less than 30 days.
| 16.1 | Codes issued by the Regulator on own initiative |
| 16.1.1 | The Regulator may issue a code of conduct on own initiative after consultation with relevant stakeholders. |
| 16.1.2 | The consultation with the relevant stakeholders may take the following forms: |
| 16.1.2.1 | a notice in the Gazette that the issuing of a code is being considered; |
| 16.1.2.2 | a draft of a code made publicly available, for example on the Regulator’s website; or |
| 16.1.2.3 | an invitation to the public to make written submissions to the Regulator within specified period. |
| 16.1.2.4 | the Regulator must consider any submissions made within the specified period. |
| 16.1.3 | When conducting a consultation, the Regulator must ensure that participation in the consultation is accessible to all affected persons. |
| 16.1.4 | Consideration will be given to the comments raised by the affected persons and stakeholders consulted. |
| 16.2 | Codes issued by the Regulator on application by relevant bodies |
The Regulator may also issue a code of conduct on application by relevant bodies.
| 16.2.1 | The application for the issuing of a code must be made in the form and manner prescribed by the Regulator in the Regulations. |
| 16.2.2 | The application must amongst others be accompanied by the following documentation: |
| 16.2.2.1 | a copy of the proposed or draft code being applied for; |
| 16.2.2.2 | submissions received during consultations; |
| 16.2.2.3 | the period that the proposed code was available for consultation; |
| 16.2.2.4 | the relevant bodies which will be affected by the code; |
| 16.2.2.5 | the methods that were employed by the relevant body to consult with relevant stakeholders; |
| 16.2.2.6 | a list of relevant stakeholders, relevant bodies and affected persons who made submissions to the code; |
| 16.2.2.7 | details of the changes made to a code following consultations; |
| 16.2.2.8 | a summary of issues received through the consultation with relevant stakeholders, relevant bodies, and affected persons; and |
| 16.2.2.9 | reasons why a particular submission was not incorporated into the final document. |
| 16.2.3 | A statement of consultation with the application to issue a code should contain the following details: |
| 16.2.3.1 | a copy of the explanatory material that has been prepared in relation to the code; |
| 16.2.3.2 | if all the requirements in these guidelines are not met, reasons as to why those requirements have not been met or why they are not relevant; and |
| 16.2.3.3 | any other material document or information that may be relevant to the Regulator’s decision to issue a code. |
| 16.2.4 | The Regulator must acknowledge receipt of the application within a reasonable time which should not exceed a period of 14 days. |
| 16.2.5 | The decision of the Regulator on the application to issue a code of conduct must be made in a reasonable time that does not exceed 13 weeks from the date of publication of the notice in the Gazette. |
