Section 1
1Subject to paragraphs 2 to 6, a person holds and vacates the office of Data Guardian in accordance with the terms of his or her appointment.
2The period for which a person is appointed as the Data Guardian must not exceed three years.
3A person who has held office as the Data Guardian may be re-appointed once only.
4The Data Guardian may at any time resign the office by giving notice in writing to the Secretary of State.
5The Secretary of State may remove the Data Guardian from office if satisfied that he or she is unable, unwilling or unfit to perform the functions of the Data Guardian.
6Service as the Data Guardian is not service in the civil service of the State.
7The Secretary of State may pay to or in respect of the Data Guardian such remuneration, expenses, pensions, allowances or compensation for loss of office as the Secretary of State may determine.
8The Data Guardian may appoint staff and advisors as the Data Guardian may determine.
9The Data Guardian may pay—
(a)any remuneration, expenses, allowances and sums by way or in respect of pensions to or in respect of staff;
(b)any expenses and allowances to advisors.
10Service as a member of staff of or advisor to the Data Guardian is not service in the civil service of the State.
11The Data Guardian may authorise a member of his or her staff to do anything required or authorised to be done by the Data Guardian.
12The Data Guardian may make arrangements for persons to be seconded to serve as members of his or her staff.
13The arrangements may include provision for payments by the Data Guardian to the person with whom the arrangements are made or directly to seconded staff (or both).
14A period of secondment does not affect the continuity of a person’s employment with the employer from whose service he or she is seconded and, in particular, does not affect such a person’s continuity of service in the civil service of the State.
15The Secretary of State must pay to the Data Guardian such sums as the Secretary of State considers appropriate for the purpose of enabling the Data Guardian to perform his or her functions.
16The Data Guardian must keep proper accounts and proper records in relation to accounts.
17As soon as reasonably practical after the end of each financial year, the Data Guardian must produce an annual report which includes—
(a)a statement of accounts for that financial year in such form as the Secretary of State may direct;
(b)a general description of any guidance published and advice, assistance and information given by the Data Guardian in that financial year;
(c)a general description of the Data Guardian’s priorities for the current financial year.
18The Data Guardian must send a copy of the annual report to the Secretary of State before the end of June next following the financial year to which the statement of accounts relates.
19The Secretary of State must lay a copy of the annual report before Parliament.
20“Financial year” means—
(a)the period beginning with the day on which the first person is appointed under section 1 and ending with the following 31 March, and
(b)each successive period of 12 months.