(1) Before issuing the code of practice under section 102 the Secretary of State shall-
(a) prepare and publish a draft of the code; and
(b) consider any representations made to him about the draft;
and the Secretary of State may incorporate in the code finally issued any modifications made by him to the draft after its publication.
(2) Before publishing a draft of the code the Secretary of State shall consult with-
(a) the Information Commissioner; and
(b) the communications providers to whom the code will apply.
(3) The Secretary of State may discharge his duty under subsection (2) to consult with any communications providers by consulting with a person who appears to him to represent those providers.
(4) The Secretary of State shall lay before Parliament the draft code of practice under section 102 that is prepared and published by him under this section.
(5) The code of practice issued by the Secretary of State under section 102 shall not be brought into force except in accord