Why a Code of Practice can often be the best approach
Hayden Sutherland
Digital & Technology Consultant. Fractional CIO / CTO, Principal Architect and Transport & Mobility Data Specialist
Contacts and followers of my profile on LinkedIn will know that for the last few months I have been reviewing and providing a breakdown of the Mobility-as-a-Service [MaaS] Code or Practice [CoP] published earlier in 2023 by Department for Transport. https://www.gov.uk/government/publications/mobility-as-a-service-maas-code-of-practice/mobility-as-a-service-code-of-practice
In each post I give further information and additional considerations for every one of the recommendations given in the CoP. Currently I am up to number 26 out of a planned total of 34 (although the delivery cadence of these posts has slowed down more recently, as I balance other work commitments and spend more time ensuring all recommendations collectively make sense and come together as a useful future reference).
Example posts include:
However, this quite lengthy task has also allowed me the time to consider the generic topic of different industry Codes of Practice and to ponder their usefulness in fast-moving and developing sectors… rather than the introduction of legislation (e.g. by a Government or its delegated authority).
There are several reasons why a Code of Practice might be preferred over legislation, these include:
Ownership by industry: A Code of Practice can be developed by the industry itself, in collaboration with stakeholders like regulators and consumers. This can lead to more buy-in and compliance from industry members, as they feel they have a greater stake in the rules – therefore they abide by them more or adopt them sooner.
Flexibility & adaptability: A Code of Practice can be updated more quickly and easily than legislation, which can take years to pass through the legal process. This allows the industry to adapt to more recent standards and best practices faster. Note: As explained earlier, this is especially relevant in faster developing sectors (e.g. new and evolving technologies) where early legislation could mandate the adoption of certain practices or specifications before they have gained market acceptance or before they have been properly adopted across a range of differing scenarios.
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Focus on best practice: A Code of Practice can go beyond the minimum requirements of the law and provide additional guidance on how to achieve best practices in the industry or even give detailed real-life examples. This can help to raise the overall standards of the industry and potentially improve outcomes (e.g. for consumers).
Reducing regulatory burden: In some cases, a code of practice can be used to reduce the need for detailed legislation, which can be complex and time-consuming to develop and enforce. This can be beneficial for both regulators and industry members. Note: It may also be the case that a Code or Practice becomes a regularly updated document, maintained over time with different information or additional detail (e.g. as best practice becomes more understood or as further examples are publicly published).
Targeted focus: A Code of Practice can be tailored to address issues or challenges within a sector, rather than taking a one-size-fits-all approach across an entire market. This can make them more effective in addressing specific sector needs or detailing more relevant examples of best practice.
However, it's important to note that a Code of Practice may also have some limitations, such as:
Lack of enforcement: Unlike legislation, a Code of Practice is not generally enforceable by law. This means that adoption is voluntary and there may be no penalties for non-compliance. Note: This may be entirely intentional, given the political or commercial landscape at the time,
Potential for lack of clarity: In some cases, a Code of Practice may be poorly written or ambiguous, which can lead to confusion and inconsistency in its application. Note: This can be mitigated by having experienced professionals with sector-specific expertise author the document.
Potential for bias: As a Code of Practice can be developed by industry, there is a risk that those who author such a document may be biased in favour of certain interests, rather than the more general interests of the industry or sector, end users or the public good. Note: This can be mitigated by using multiple document authors or having a wider editorial team or review panel.
Ultimately, the decision of whether to create a Code of Practice or introduce legislation depends on the specific context and needs of the industry or sector. But in some cases, a combination of both (especially in the longer term) may be the most effective approach.