(b) the requirements in paragraph (6) must be satisfied by the code as amended.
(8) A code of conduct described in paragraph (1) may be contained in the same document as a code of conduct described in Article 40 of the UK GDPR (and a provision contained in such a document may be a provision of both codes).
(9) In this regulation—
“ public body ” has the meaning given in section 7 of the Data Protection Act 2018 (for the purposes of the UK GDPR);
“ representative body ” means an association or other body representing categories of— (a) communications providers, or (b) other persons engaged in activities regulated by these Regulations;
“ the UK GDPR ” has the meaning given in section 3(10) of the Data Protection Act 2018.
32B. Accreditation of bodies monitoring compliance with codes of conduct
(1) The Commissioner may, in accordance with this regulation, accredit a body for the purpose of monitoring whether persons other than public bodies comply with a code of conduct described in regulation 32A(1).
(2) The Commissioner may accredit a body only where the Commissioner is satisfied that the body has—
(a) demonstrated its independence,
(b) demonstrated that it has an appropriate level of expertise in relation to the subject matter of the code,
(c) established procedures which allow it—
(i) to assess a person’s eligibility to apply the code,
(ii) to monitor compliance with the code, and
(iii) to review the operation of the code periodically,
(d) established procedures and structures to handle complaints about infringements of the code or about the manner in which the code has been, or is being, implemented by a person,
(e) made arrangements to publish information about the procedures and structures described in sub-paragraph (d), and
(f) demonstrated that it does not have a conflict of interest.
(3) The Commissioner must prepare and publish guidance about how the Commissioner proposes to take decisions about accreditation under this regulation.
(4) A body accredited under this regulation in relation to a code must take appropriate action where a person infringes the code.
(5) If the action taken by a body under paragraph (4) consists of suspending or excluding a person from the code, the body must inform the Commissioner, giving reasons for taking that action.
(6) The Commissioner must revoke the accreditation of a body under this regulation if the Commissioner considers that the body—
(a) no longer meets the requirements for accreditation, or
(b) has failed, or is failing, to comply with paragraph (4) or (5).
(7) In this regulation, “ public body ” has the same meaning as in regulation 32A.