Part VI U.K. Miscellaneous and General

Modifications etc. (not altering text)

C1 Pt. VI applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 51(1)(b)

Functions of Commissioner U.K.

[F1 52B [F2 data-sharing and direct marketing codes]: procedure U.K.

[F3 (1) When a code is prepared under section 52A [F4 or 52AA], the Commissioner must—

(a) consult the Secretary of State, and

(b) submit the final version of the code to the Secretary of State

(2) The Secretary of State must lay the code before Parliament, and]

(4) If, within the 40-day period, either House of Parliament resolves not to approve the code, the code is not to be issued by the Commissioner.

(5) If no such resolution is made within that period, the Commissioner must issue the code.

(6) [F5 Where such a resolution is passed, the Commissioner] must prepare another code of practice F6 ....

(7) Subsection (4) does not prevent a new code being laid before Parliament.

(8) A code comes into force at the end of the period of 21 days beginning with the day on which it is issued.

(9) A code may include transitional provision or savings.

(10) In this section “the 40-day period” means the period of 40 days beginning with the day on which the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).

(11) In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.]

Textual Amendments

F1 Ss. 52A-52E inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 174(1), 175, 182 (with s. 180); S.I. 2010/145, art. 2, Sch. para. 16

F2 Words in s. 52B heading substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(4), 118(2)

F3 S. 52B(1)(2) substituted for s. 52B(1)-(3) (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 106(2)(a), 120 (with s. 97); S.I. 2013/1906, art. 3(c)

F4 Words in s. 52B(1) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(5)(a), 118(2)

F5 Words in s. 52B(6) substituted (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 106(2)(b), 120 (with s. 97); S.I. 2013/1906, art. 3(c)

F6 Words in s. 52B(6) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 96(5)(b), 118(2)