Part 8: General and Financial Provisions
Section 49: Data protection
- This section seeks to preserve the status of existing data protection legislation including the General Data Protection Regulation. This is to ensure that no power or duty conferred under this Act will erode existing data protection legislation.
- Subsection (1) sets out that this section applies to duties or powers to disclose or use information, imposed or conferred by Parts 1 to 6 of this Act.
- Subsection (2) specifies that any duty or power in the Act that would disclose or use information must not contravene the data protection legislation.
- Subsection (3) defines data protection legislation.
Section 50: Regulations
- Subsection (1) specifies that any power conferred on the Secretary of State or Welsh Ministers to make regulations under this Act is exercisable by statutory instrument
- Subsection (2) specifies that any power conferred on the Department for Agriculture, Environment and Rural Affairs to make regulations under this act is exercisable by statutory rule.
- Subsection (3) details the scope of powers to make regulations under this Act.
- Subsection (4) specifies that by virtue of subsection (3)(d) powers to make regulations includes the power to modify primary legislation, retained direct EU legislation or subordinate legislation.
- Subsection (5) details that regulations made under subsection (3)(d) which modify primary legislation are subject to the affirmative resolution procedure.
- Subsection (6) specifies the processes by which the appropriate authority may make regulations under the affirmative resolution procedure in this Act.
- Subsection (7) specifies the processes by which the appropriate authority may make regulations under the negative resolution procedure in this Act.
- Subsection (8) specifies that any regulations made under this Act under the negative resolution procedure, may by regulations be made under the affirmative resolution procedure instead.
- Subsection (9) specifies that section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies in relation to the laying of a document before the Northern Ireland Assembly.
- Subsection (10) specifies that this section does not apply to regulations made under section 57.
Section 51: Interpretation
- This section provides information on how terms should be interpreted in the Act.
Section 52: Consequential amendments
- This section makes consequential amendments in respect of Schedule 7 and the CMO Regulation.
Section 53: Power to make consequential etc provision
- Subsection (1) specifies that Secretary of state may, subject to subsections (5) and (6) by regulations make supplementary, incidental or consequential provision in relation to any provision of this Act.
- Subsection (2) specifies that the Welsh Ministers may make supplementary, incidental or consequential provision in connection with subsections (2)(a)(b)(c)(d)(e)(f), so far as they apply in relation to Wales.
- Subsection (3) specifies that the Scottish Ministers may make supplementary, incidental or consequential provision in the law of Scotland in connection with subsections (3)(a)(b), so far as relating to Scotland.
- Subsection (4) specifies that DAERA may by regulations make supplementary, incidental or consequential provision in the law of Northern Ireland in connection with (4)(a)(b)(c)(d), as so far as they apply in relation to Northern Ireland.
- Subsections (5) specifies where Secretary of State may not make regulations under subsection (1).
- Subsections (6) specifies where the Secretary of State may make regulations under subsection (1).
- Subsection (7) specifies that regulations made under section (1) may modify primary legislation, retained direct EU legislation or subordinate legislation in connection with any provision in this Act.
- Subsection (8) specifies that regulations made under section (1) that would modify primary legislation are subject to the affirmative resolution procedure.
- Subsection (9) specifies that other regulations under section (1) are subject to the negative resolution procedure.
Section 54: Power to make transitional etc provision
- Subsection (1) details that the appropriate authority may make regulations in connection with the commencement of any provision of this Act.
- Subsection (2) details which appropriate authority may make regulations in connection with the commencement of particular provisions of this Act.
Section 55: Financial provision
- This section details the purposes for which Parliament will be required to provide money.
Section 56: Extent
- Subsection (1) lists which provisions of the Act extend to England and Wales only.
- Subsection (2) lists which provisions of the Act extend to Northern Ireland only.
- Subsection (3) lists which provisions of the Act extend to England, Wales and Scotland only.
- Subsection (4) specifies that all other provisions of the Act not listed in subsections (1) – (3) extend to England and Wales, Scotland and Northern Ireland.
Section 57: Commencement
- Subsection (1) specifies the provisions of the Act which come into force on the day of Royal Assent.
- Subsection (2) details which provisions come into force by regulations on a day appointed by the Secretary of State.
- Subsection (3) details which provisions come into force by regulations on a day appointed by Welsh Ministers.
- Subsection (4) details which provisions come into force by regulations on a day appointed by the Department of Agriculture, Environment and Rural Affairs.
- Subsection (5) specifies that different days may be appointed for different purposes.
- Subsection (6) specifies that other provisions not falling within subsections (1)-(5) will come into force two months after the day on which the Act is passed.
Section 58: Short title
- This section contains the short title by which the Act may be cited.
