Explanatory Notes

Scottish Biometrics Commissioner Act 2020

2020 asp 8

20 April 2020

Commentary on Sections

Compliance notices

Section 26: Revocation of a compliance notice

42.Subsection (1) of section 26 enables the Commissioner to revoke a compliance notice if the Commissioner so wishes. Subsection (2)(a) provides that the revocation of a compliance notice can only take place before the steps specified in the compliance notice have been taken. This prevents a compliance notice from being revoked after completed action has already been taken specifically because the notice required it. Subsection (2)(b) provides that a compliance notice can only be revoked by the Commissioner by giving notice in writing to that effect to the person to whom the compliance notice was issued.