33(1)The repeal of sections 40 and 41 of the 1998 Act (enforcement notices) does not affect the application of those sections after the relevant time in a case in which—U.K.
(a)the Commissioner served a notice under section 40 of the 1998 Act before the relevant time (and did not cancel it before that time), or
(b)the Commissioner is satisfied, after that time, that a data controller —
(i)contravened the old data protection principles before that time, or
(ii)contravened the sixth data protection principle sections after that time.
(2)In this paragraph, “the relevant time” means the time when the repeal of section 40 of the 1998 Act comes into force.