- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
3(1)A notice of intent must contain the following information—
(a)the name and address of the person to whom the Commissioner proposes to give a penalty notice;
(b)the reasons why the Commissioner proposes to give a penalty notice (see sub-paragraph (2));
(c)an indication of the amount of the penalty the Commissioner proposes to impose, including any aggravating or mitigating factors that the Commissioner proposes to take into account.
(2)The information required under sub-paragraph (1)(b) includes—
(a)a description of the circumstances of the failure, and
(b)where the notice is given in respect of a failure described in section 149(2), the nature of the personal data involved in the failure.
(3)A notice of intent must also—
(a)state that the person may make written representations about the Commissioner’s intention to give a penalty notice, and
(b)specify the period within which such representations may be made.
(4)The period specified for making written representations must be a period of not less than 21 days beginning when the notice of intent is given.
(5)If the Commissioner considers that it is appropriate for the person to have an opportunity to make oral representations about the Commissioner’s intention to give a penalty notice, the notice of intent must also—
(a)state that the person may make such representations, and
(b)specify the arrangements for making such representations and the time at which, or the period within which, they may be made.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: