Data Protection Act 1998

Section 74(1).

SCHEDULE 15 E+W+S+N.I. Minor and consequential amendments

Public Records Act 1958 (c. 51) E+W+S+N.I.

1 F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 15 para. 1(1) repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)

F2 Sch. 15 para. 1(2)(3) repealed (1.1.2005) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. III (with ss. 56, 78); S.I. 2004/3122, art. 2

Parliamentary Commissioner Act 1967 (c. 13) E+W+S+N.I.

F3 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Sch. 15 para. 2 repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)

F4 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4 Sch. 15 para. 3 repealed (1.1.2005) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. III (with ss. 56, 78); S.I. 2004/3122, art. 2

Superannuation Act 1972 (c. 11) E+W+S+N.I.

F5 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5 Sch. 15 para. 4 repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)

House of Commons Disqualification Act 1975 (c. 24) E+W+S+N.I.

5 F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6 Sch. 15 para. 5(1) repealed (1.1.2005) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. III (with ss. 56, 78); S.I. 2004/3122, art. 2

F7 Sch. 15 para. 5(2) repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)

Northern Ireland Assembly Disqualification Act 1975 (c. 25) E+W+S+N.I.

6 F8 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

F9 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 Sch. 15 para. 6(1) repealed (1.1.2005) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. III (with ss. 56, 78); S.I. 2004/3122, art. 2

F9 Sch. 15 para. 6(2) repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)

Representation of the People Act 1983 (c. 2) E+W+S+N.I.

7 In Schedule 2 of the Representation of the People Act 1983 (provisions which may be included in regulations as to registration etc), in paragraph 11A(2)— E+W+S+N.I.

(a) for “data user” there is substituted “ data controller ”, and

(b) for “the Data Protection Act 1984” there is substituted “ the Data Protection Act 1998 ”.

Access to Medical Reports Act 1988 (c. 28) E+W+S+N.I.

8 In section 2(1) of the Access to Medical Reports Act 1988 (interpretation), in the definition of “health professional”, for “the Data Protection (Subject Access Modification) Order 1987” there is substituted “ the Data Protection Act 1998 ”. E+W+S+N.I.

Football Spectators Act 1989 (c. 37) E+W+S+N.I.

9 (1) Section 5 of the Football Spectators Act 1989 (national membership scheme: contents and penalties) is amended as follows.

(2) In subsection (5), for “paragraph 1(2) of Part II of Schedule 1 to the Data Protection Act 1984” there is substituted “ paragraph 1(2) of Part II of Schedule 1 to the Data Protection Act 1998 ”.

(3) In subsection (6), for “section 28(1) and (2) of the Data Protection Act 1984” there is substituted “ section 29(1) and (2) of the Data Protection Act 1998 ”.

Education (Student Loans) Act 1990 (c. 6) E+W+S+N.I.

10 Schedule 2 to the Education (Student Loans) Act 1990 (loans for students) so far as that Schedule continues in force shall have effect as if the reference in paragraph 4(2) to the Data Protection Act 1984 were a reference to this Act. E+W+S+N.I.

Access to Health Records Act 1990 (c. 23) E+W+S+N.I.

11 For section 2 of the Access to Health Records Act 1990 there is substituted— E+W+S+N.I.

“2 Health professionals.

In this Act “health professional” has the same meaning as in the Data Protection Act 1998.”

12 In section 3(4) of that Act (cases where fee may be required) in paragraph (a), for “the maximum prescribed under section 21 of the Data Protection Act 1984” there is substituted “ such maximum as may be prescribed for the purposes of this section by regulations under section 7 of the Data Protection Act 1998 ”. E+W+S+N.I.

13 In section 5(3) of that Act (cases where right of access may be partially excluded) for the words from the beginning to “record” in the first place where it occurs there is substituted “ Access shall not be given under section 3(2) to any part of a health record ”. E+W+S+N.I.

Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (1991/1707 (N.I. 14)) E+W+S+N.I.

14 In Article 4 of the Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (obligation to give access), in paragraph (2) (exclusion of information to which individual entitled under section 21 of the Data Protection Act 1984) for “section 21 of the Data Protection Act 1984” there is substituted “ section 7 of the Data Protection Act 1998 ”. E+W+S+N.I.

15 In Article 6(1) of that Order (interpretation), in the definition of “health professional”, for “the Data Protection (Subject Access Modification) (Health) Order 1987” there is substituted “ the Data Protection Act 1998 ”. E+W+S+N.I.

Tribunals and Inquiries Act 1992 (c. 53) E+W+S+N.I.

16 In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), for paragraph 14 there is substituted— E+W+S+N.I.

“Data protection

14. (a) The Data Protection Commissioner appointed under section 6 of the Data Protection Act 1998; (b) the Data Protection Tribunal constituted under that section, in respect of its jurisdiction under section 48 of that Act.”

Access to Health Records (Northern Ireland) Order 1993 (1993/1250 (N.I. 4)) E+W+S+N.I.

17 For paragraphs (1) and (2) of Article 4 of the Access to Health Records (Northern Ireland) Order 1993 there is substituted— E+W+S+N.I.

“(1) In this Order “health professional” has the same meaning as in the Data Protection Act 1998.”

18 In Article 5(4) of that Order (cases where fee may be required) in sub-paragraph (a), for “the maximum prescribed under section 21 of the Data Protection Act 1984” there is substituted “ such maximum as may be prescribed for the purposes of this Article by regulations under section 7 of the Data Protection Act 1998 ”. E+W+S+N.I.

19 In Article 7 of that Order (cases where right of access may be partially excluded) for the words from the beginning to “record” in the first place where it occurs there is substituted “ Access shall not be given under Article 5(2) to any part of a health record ”. E+W+S+N.I.