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Further and Higher Education (Scotland) Act 1992

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This is the original version (as it was originally enacted).

59Temporary exclusion of section 5 of Data Protection Act 1984 in relation to data transferred to new bodies

(1)Where personal data are transferred under or by virtue of any provision of this Act to a body corporate established in pursuance of this Act, section 5(1) of the [1984 c. 35.] Data Protection Act 1984 (prohibition of unregistered holding etc. of personal data) shall not apply in relation to the holding by that body corporate of the data so transferred or any data of the same description as the data so transferred until the end of the period of six months beginning with the relevant date.

(2)In subsection (1) above, “the relevant date” means—

(a)in relation to a body corporate established in pursuance of section 11 of this Act, the first transfer date (within the meaning of Part I of this Act) or, if the body corporate was established under section 3, 13 or 14 of this Act the date appointed or, as the case may be specified, in the order establishing the body;

(b)in relation to a body established under Part II of this Act, the date on which the body was established.

(3)Expressions used in subsection (1) above and in the said Act of 1984 shall have the same meaning in that subsection as in that Act.

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