Data Protection Act 2018 (c. 12)

SCHEDULES

SCHEDULE 19 U.K. Minor and consequential amendments

PART 2 U.K. Amendments of other legislation

National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 (S.S.I. 2018/67) U.K.

426 U.K. The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018 are amended as follows.

427 (1) Regulation 1 (citation and commencement) is amended as follows. U.K.

(2) In paragraph (2), omit “Subject to paragraph (3),”.

(3) Omit paragraph (3).

428 U.K. In regulation 3(1) (interpretation)—

(a) omit the definition of “the 1998 Act”, and

(b) at the appropriate place insert—

““the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);”, and

(c) omit the definition of “GDPR”.

429 (1) Schedule 1 (content of agreements) is amended as follows. U.K.

(2) In paragraph 34 (interpretation)—

(a) in sub-paragraph (1)—

(i) omit “Subject to sub-paragraph (3),”,

(ii) before paragraph (a) insert—

“(za) “controller” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(6) and (14) of that Act);

(zb) “data protection officer” means a person designated as a data protection officer under the data protection legislation;”, and

(iii) for paragraph (d) substitute—

“(e) “personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act).”,

(b) omit sub-paragraphs (2) and (3),

(c) in sub-paragraph (4), for “the 1998 Act and any directly applicable EU instrument relating to data protection” substitute “—

(a) the data protection legislation, or

(b) any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection.”, and

(d) in sub-paragraph (6)(b), for “data controllers” substitute “ controllers ”.

(3) In paragraph 37(2)(a) (processing and access of data), for “the 1998 Act, and any directly applicable EU instrument relating to data protection;” substitute “—

(i) the data protection legislation, and

(ii) any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection;”.

(4) In paragraph 61(3) (variation of agreement: general)—

(a) omit paragraph (b), and

(b) after paragraph (d) (but before the final “and”) insert—

“(da) the data protection legislation;

(db) any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection;”.