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Data Protection Act 1984

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This is the original version (as it was originally enacted).

42Commencement and transitional provisions

(1)No application for registration shall be made until such day as the Secretary of State may by order appoint, and sections 5 and 15 above shall not apply until the end of the period of six months beginning with that day.

(2)Until the end of the period of two years beginning with the day appointed under subsection (1) above the Registrar shall not have power—

(a)to refuse an application made in accordance with section 6 above except on the ground mentioned in section 7(2)(a) above; or

(b)to serve an enforcement notice imposing requirements to be complied with, a de-registration notice expiring, or a transfer prohibition notice imposing a prohibition taking effect, before the end of that period.

(3)Where the Registrar proposes to serve any person with an enforcement notice before the end of the period mentioned in subsection (2) above he shall, in determining the time by which the requirements of the notice are to be complied with, have regard to the probable cost to that person of complying with those requirements.

(4)Section 21 above and paragraph 1(b) of Schedule 4 to this Act shall not apply until the end of the period mentioned in subsection (2) above.

(5)Section 22 above shall not apply to damage suffered before the end of the period mentioned in subsection (1) above and in deciding whether to refuse an application or serve a notice under Part II of this Act the Registrar shall treat the provision about accuracy in the fifth data protection principle as inapplicable until the end of that period and as inapplicable thereafter to data shown to have been held by the data user in question since before the end of that period.

(6)Sections 23 and 24(3) above shall not apply to damage suffered before the end of the period of two months beginning with the date on which this Act is passed.

(7)Section 24(1) and (2) above shall not apply before the end of the period mentioned in subsection (1) above.

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