Data Protection Act 1998

[F152BData-sharing code: procedureE+W+S+N.I.

(1)When a code is prepared under section 52A, it must be submitted to the Secretary of State for approval.

(2)Approval may be withheld only if it appears to the Secretary of State that the terms of the code could result in the United Kingdom being in breach of any of its [F2 EU] obligations or any other international obligation.

(3)The Secretary of State must—

(a)if approval is withheld, publish details of the reasons for withholding it;

(b)if approval is granted, lay the code before Parliament.

(4)If, within the 40-day period, either House of Parliament resolves not to approve the code, the code is not to be issued by the Commissioner.

(5)If no such resolution is made within that period, the Commissioner must issue the code.


(a)the Secretary of State withholds approval, or

(b)such a resolution is passed,

the Commissioner must prepare another code of practice under section 52A.

(7)Subsection (4) does not prevent a new code being laid before Parliament.

(8)A code comes into force at the end of the period of 21 days beginning with the day on which it is issued.

(9)A code may include transitional provision or savings.

(10)In this section “the 40-day period” means the period of 40 days beginning with the day on which the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).

(11)In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.]

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Amendments (Textual)

F2Word in s. 52B(2) substituted (22.4.2011) by virtue of The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 6(1) (with application as mentioned in art. 3(3))