Data Protection Act 1998

Section 6(7).

SCHEDULE 5E+W+S+N.I. The Data Protection Commissioner F1. . .

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Amendments (Textual)

F1Sch. 5: words in heading omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 30(a)

Part IE+W+S+N.I. The Commissioner

Status and capacityE+W+S+N.I.

1(1)The corporation sole by the name of the Data Protection Registrar established by the M1Data Protection Act 1984 shall continue in existence by the name of the [F2Information Commissioner].E+W+S+N.I.

(2)The Commissioner and his officers and staff are not to be regarded as servants or agents of the Crown.

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Amendments (Textual)

F2Words in Sch. 5 para. 1(2) substituted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2)(c), Sch. 2 Pt. I para. 15(2) (with ss. 7(1)(7), 56, 78)

Marginal Citations

Tenure of office [F3and appointment]E+W+S+N.I.

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Amendments (Textual)

F3Words in Sch. 5 Pt. I(crossheading)(tenure)(of)(office) inserted (16.3.2015) by Protection of Freedoms Act 2012 (c. 9), ss. 105(4), 120 (with s. 97); S.I. 2015/587, art. 2(a)

2(1)Subject to the provisions of this paragraph, the Commissioner shall hold office for such term not exceeding [F4seven years] as may be determined at the time of his appointment.E+W+S+N.I.

(2)The Commissioner may be relieved of his office by Her Majesty at his own request.

(3)The Commissioner may be removed from office by Her Majesty in pursuance of an Address from both Houses of Parliament.

[F5(3A)No motion is to be made in either House of Parliament for such an Address unless a Minister of the Crown has presented a report to that House stating that the Minister is satisfied that one or more of the following grounds is made out—

(a)the Commissioner has failed to discharge the functions of the office for a continuous period of at least 3 months,

(b)the Commissioner has failed to comply with the terms of appointment,

(c)the Commissioner has been convicted of a criminal offence,

(d)the Commissioner is an undischarged bankrupt or the Commissioner's estate has been sequestrated in Scotland and the Commissioner has not been discharged,

(e)the Commissioner has made an arrangement or composition contract with, or has granted a trust deed for, the Commissioner's creditors,

(f)the Commissioner is otherwise unfit to hold the office or unable to carry out its functions.

(3B)No recommendation may be made to Her Majesty for the appointment of a person as the Commissioner unless the person concerned has been selected on merit on the basis of fair and open competition.

(3C)A person appointed as the Commissioner may not be appointed again for a further term of office.]

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Salary etc.E+W+S+N.I.

3(1)There shall be paid—E+W+S+N.I.

(a)to the Commissioner such salary, and

(b)to or in respect of the Commissioner such pension,

as may be specified by a resolution of the House of Commons.

(2)A resolution for the purposes of this paragraph may—

(a)specify the salary or pension,

(b)provide that the salary or pension is to be the same as, or calculated on the same basis as, that payable to, or to or in respect of, a person employed in a specified office under, or in a specified capacity in the service of, the Crown, or

(c)specify the salary or pension and provide for it to be increased by reference to such variables as may be specified in the resolution.

(3)A resolution for the purposes of this paragraph may take effect from the date on which it is passed or from any earlier or later date specified in the resolution.

(4)A resolution for the purposes of this paragraph may make different provision in relation to the pension payable to or in respect of different holders of the office of Commissioner.

(5)Any salary or pension payable under this paragraph shall be charged on and issued out of the Consolidated Fund.

(6)In this paragraph “pension” includes an allowance or gratuity and any reference to the payment of a pension includes a reference to the making of payments towards the provision of a pension.

Officers and staffE+W+S+N.I.

4(1)The Commissioner—E+W+S+N.I.

(a)shall appoint a deputy commissioner [F7or two deputy commissioners], and

(b)may appoint such number of other officers and staff as he may determine.

[F8(1A)The Commissioner shall, when appointing any second deputy commissioner, specify which of the Commissioner’s functions are to be performed, in the circumstances referred to in paragraph 5(1), by each of the deputy commissioners.]

(2)The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Commissioner.

(3)The Commissioner may pay such pensions, allowances or gratuities to or in respect of the persons appointed under this paragraph, or make such payments towards the provision of such pensions, allowances or gratuities, as he may determine.

(4)The references in sub-paragraph (3) to pensions, allowances or gratuities to or in respect of the persons appointed under this paragraph include references to pensions, allowances or gratuities by way of compensation to or in respect of any of those persons who suffer loss of office or employment.

[F9(4A)In making appointments under this paragraph, the Commissioner must have regard to the principle of selection on merit on the basis of fair and open competition.]

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The M2Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Commissioner.

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Amendments (Textual)

F7Words in Sch. 5 para. 4(1)(a) inserted (30.11.2000) by 2000 c. 36, ss. 18(4), 87(1)(i), Sch. 2 Pt. II para. 20(2) (with ss. 7(1)(7), 56, 78)

F8Sch. 5 para. 4(1A) inserted (30.11.2000) by 2000 c. 36, ss. 18(4), 87(1)(i), Sch. 2 Pt. II para. 20(3) (with s. 7(1)(7), 56, 78)

F9Sch. 5 para. 4(4A) inserted (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 108(2), 120 (with s. 97); S.I. 2013/1906, art. 3(e)

Marginal Citations

5(1)The deputy commissioner [F11or deputy commissioners] shall perform the functions conferred by this Act [F12or the Freedom of Information Act 2000] on the Commissioner during any vacancy in that office or at any time when the Commissioner is for any reason unable to act.E+W+S+N.I.

(2)Without prejudice to sub-paragraph (1), any functions of the Commissioner under this Act [F13or the Freedom of Information Act 2000] may, to the extent authorised by him, be performed by any of his officers or staff.

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Amendments (Textual)

F11Words in Sch. 5 para. 5(1) inserted (30.11.2000) by 2000 c. 36, ss. 18(4), 87(1)(i), Sch. 2 Pt. II para. 21(2)(a) (with ss. 7(1)(7), 56, 78)

F12Words in Sch. 5 para. 5(1) inserted (30.11.2000) by 2000 c. 36, ss. 18(4), 87(1)(i), Sch. 2 Pt. II para. 21(2)(b) (with ss. 7(1)(7), 56, 78)

F13Words in Sch. 5 para. 5(2) inserted (30.11.2000) by 2000 c. 36, ss. 18(4), 87(1)(i), Sch. 2 Pt. II para. 21(3) (with ss. 7(1)(7), 56, 78)

Authentication of seal of the CommissionerE+W+S+N.I.

6The application of the seal of the Commissioner shall be authenticated by his signature or by the signature of some other person authorised for the purpose.E+W+N.I.

Presumption of authenticity of documents issued by the CommissionerE+W+S+N.I.

7Any document purporting to be an instrument issued by the Commissioner and to be duly executed under the Commissioner’s seal or to be signed by or on behalf of the Commissioner shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.E+W+N.I.

MoneyE+W+S+N.I.

8The [F14 Secretary of State] may make payments to the Commissioner out of money provided by Parliament.E+W+S+N.I.

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Amendments (Textual)

9(1)All fees and other sums received by the Commissioner in the exercise of his functions under this Act [F15, under section 159 of the Consumer Credit Act 1974 or under the Freedom of Information Act 2000] shall be paid by him to the [F16 Secretary of State] .E+W+S+N.I.

(2)Sub-paragraph (1) shall not apply where the [F16 Secretary of State] , with the consent of the Treasury, otherwise directs.

(3)Any sums received by the [F16 Secretary of State] under sub-paragraph (1) shall be paid into the Consolidated Fund.

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Amendments (Textual)

F15Words in Sch. 5 para. 9(1) substituted (30.11.2000) by 2000 c. 36, ss. 18(4), 87(1)(i), Sch. 2 Pt. II para. 22 (with ss. 7(1)(7), 56, 78)

AccountsE+W+S+N.I.

10(1)It shall be the duty of the Commissioner—E+W+S+N.I.

(a)to keep proper accounts and other records in relation to the accounts,

(b)to prepare in respect of each financial year a statement of account in such form as the [F17 Secretary of State] may direct, and

(c)to send copies of that statement to the Comptroller and Auditor General on or before 31st August next following the end of the year to which the statement relates or on or before such earlier date after the end of that year as the Treasury may direct.

(2)The Comptroller and Auditor General shall examine and certify any statement sent to him under this paragraph and lay copies of it together with his report thereon before each House of Parliament.

(3)In this paragraph “financial year” means a period of twelve months beginning with 1st April.

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Amendments (Textual)

Application of Part I in ScotlandE+W+S+N.I.

11Paragraphs 1(1), 6 and 7 do not extend to Scotland.E+W+S+N.I.

F18F18Part IIE+W+S+N.I. The Tribunal

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Amendments (Textual)

Tenure of officeE+W+S+N.I.

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Salary etc.E+W+S+N.I.

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Officers and staffE+W+S+N.I.

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ExpensesE+W+S+N.I.

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[F23Part III]E+W+S+N.I.

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Amendments (Textual)

F23Sch. 5 Pt. III (ss. 16-17) repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. II (with ss. 56, 78)

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