Part 6: The Information Commission
- Part 6 establishes a body corporate, the Information Commission, to replace the existing regulator, the Information Commissioner, which is currently structured as a corporation sole. The office of the Information Commissioner is abolished, and provision is made for the transfer of functions from the Information Commissioner to the new body.
Section 117: The Information Commission
- Section 117 inserts a new section 114A into the DPA 2018, which establishes the Information Commission. Schedule 14 inserts a new Schedule 12A into the DPA 2018, which makes further provision about the new body.
Section 118: Abolition of the office of Information Commissioner
- Section 118 makes provision for the abolition of the office of Information Commissioner.
- Subsection (1) abolishes the office of Information Commissioner.
- Subsections (2) to (7) make consequential amendments to the DPA 2018.
Section 119: Transfer of functions to the Information Commission
- Section 119 makes provision for the transfer of functions from the Information Commissioner to the Information Commission.
- Subsection (1) transfers the functions of the office of Information Commissioner to the new body corporate, the Information Commission.
- Subsection (2) makes provision for references to the Information Commissioner in enactments or other documents (whenever passed or made), including this Act, to be treated as references to the Information Commission so far as appropriate in consequence of the transfer of functions under subsection (1).
- Subsection (3) defines "enactment" for the purpose of subsection (2).
Section 120: Transfer of property etc to the Information Commission
- Subsection (1) provides that the Secretary of State may make a scheme for the transfer of property, rights and liabilities from the Information Commissioner to the Information Commission.
- Subsection (2) sets out the things that may be transferred under any such scheme.
- Subsection (3) sets out the nature and scope of the transfer scheme.
- Subsection (4) provides for modifications to be made to the transfer scheme.
- Subsection (5) explains that references to rights and liabilities in subsections (1) and (2) include rights and liabilities relating to a contract of employment.
