Data Protection Act 1998

75 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Data Protection Act 1998.

(2) The following provisions of this Act—

(a) sections 1 to 3,

(b) section 25(1) and (4),

(c) section 26,

(d) sections 67 to 71,

(e) this section,

(f) paragraph 17 of Schedule 5,

(g) Schedule 11,

(h) Schedule 12, and

(i) so much of any other provision of this Act as confers any power to make subordinate legislation,

shall come into force on the day on which this Act is passed.

(3) The remaining provisions of this Act shall come into force on such day as the [F1 Secretary of State] may by order appoint; and different days may be appointed for different purposes.

(4) The day appointed under subsection (3) for the coming into force of section 56 must not be earlier than the first day on which [F2 sections 112, 113A and 113B] of the M1 Police Act 1997 (which provide for the issue by the Secretary of State of criminal conviction certificates, criminal record certificates and enhanced criminal record certificates) are all in force.

[F3 (4A) Subsection (4) does not apply to section 56 so far as that section relates to a record containing information relating to—

(a) the Secretary of State's functions under the Safeguarding Vulnerable Groups Act 2006 [F4 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ], F5 . . .

(b) the [F6 “Independent Safeguarding Authority's”] functions under that Act [F7 or that Order] [F8 , or

(c) the Scottish Ministers' functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).]]

(5) Subject to [F9 subsections (5A) and (6)], this Act extends to Northern Ireland.

[F10 (5A) In section 56(6) (prohibition of requirement as to production of certain records), paragraph (2)(e) of the Table in that section, insofar as it relates to Part 1 of the Welfare Reform Act 2007, extends to England and Wales and Scotland only.]

(6) Any amendment, repeal or revocation made by Schedule 15 or 16 has the same extent as that of the enactment or instrument to which it relates.

Subordinate Legislation Made

P1 S. 75(3) power partly exercised:

1.3.2000 appointed by S.I. 2000/183, art. 2(1) (with art. 2(2))

7.7.2008 appointed by S.I. 2008/1592, art. 2

3.3.2011 appointed by S.I. 2011/601, art. 2

Textual Amendments

F1 Words in s. 75 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)

F2 Words in s. 75(4) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 86, 120 (with s. 97); S.I. 2012/2234, art. 2(w)

F3 S. 75(4A) inserted (19.5.2008) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3

F4 Words in s. 75(4A)(a) inserted (N.I.) (29.5.2008) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)), art. 60, Sch. 7 para. 4(2)(a); S.R. 2008/233, art. 3(c)

F5 Word in s. 75(4A)(a) omitted (1.3.2011) by virtue of The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/565), art. 3(3)(a)

F6 Words in s. 75 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(i), 116

F7 Words in s. 75(4A)(b) inserted (N.I.) (29.5.2008) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)), art. 60, Sch. 7 para. 4(2)(b); S.R. 2008/233, art. 3(c)

F8 S. 75(4A)(c) and word inserted (1.3.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/565), art. 3(3)(c)

F9 Words in s. 75(5) substituted (E.W.S.) for "subsection (6)" (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), reg. 4(b)(i)

F10 S. 75(5A) inserted (E.W.S) (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), reg. 4(b)(ii)

Marginal Citations

M1 1997 c. 50.