Data (Use and Access) Act 2025

Part 6 The Information Commission

117 The Information Commission

(1) The Data Protection Act 2018 is amended in accordance with subsections (2) to (5).

(2) After section 114 insert—

“The Information Commission

114A The Information Commission

(1) A body corporate called the Information Commission is established.

(2) Schedule 12A makes further provision about the Commission.”

(3) In section 3 (terms relating to the processing of personal data), after subsection (8) insert—

“(8A) “The Commission” means the Information Commission (see section 114A).”

(4) In section 205(2) (references to periods of time)—

(a) omit paragraph (l), and

(b) after that paragraph insert—

“(la) paragraph 22(6) of Schedule 12A;”.

(5) In section 206 (index of defined expressions), in the Table, at the appropriate place insert—

“the Commission

section 3”.

(6) Schedule 14 to this Act—

(a) inserts Schedule 12A to the Data Protection Act 2018, and

(b) makes transitional provision relating to—

(i) the person who holds the office of Information Commissioner immediately before the day on which Schedule 14 comes into force, and

(ii) consultation about certain appointments.

118 Abolition of the office of Information Commissioner

(1) The office of Information Commissioner is abolished.

(2) Accordingly, the Data Protection Act 2018 is amended as follows.

(3) In section 3 (terms relating to the processing of personal data) omit subsection (8).

(4) Omit section 114 (the Information Commissioner) and the italic heading before that section.

(5) In section 206 (index of defined expressions), in the Table, omit the entry for the Commissioner.

(6) In section 214(1) (extent)—

(a) omit “and” at the end of paragraph (a), and

(b) omit paragraph (b).

(7) Omit Schedule 12 (the Information Commissioner).

119 Transfer of functions to the Information Commission

(1) The functions of the Information Commissioner are transferred to the Information Commission.

(2) So far as is appropriate in consequence of subsection (1), a reference to the Information Commissioner (however expressed) in an enactment or other document whenever passed or made (including this Act) is to be treated as a reference to the Information Commission.

(3) In this section, “enactment” includes—

(a) an enactment comprised in subordinate legislation (as defined in section 21 of the Interpretation Act 1978),

(b) an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru,

(c) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,

(d) an enactment comprised in, or in an instrument made under, Northern Ireland legislation, and

(e) assimilated direct legislation.

120 Transfer of property etc to the Information Commission

(1) The Secretary of State may make a scheme for the transfer of property, rights and liabilities from the Information Commissioner to the Information Commission.

(2) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

(3) A transfer scheme may—

(a) make provision about the continuing effect of things done by the Information Commissioner in respect of anything transferred;

(b) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Information Commissioner in respect of anything transferred;

(c) make provision for references to the Information Commissioner in an instrument or other document in respect of anything transferred under a transfer scheme to be treated as references to the Information Commission;

(d) make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

(e) make other consequential, supplementary, incidental or transitional provision.

(4) A transfer scheme may provide—

(a) for modifications by agreement;

(b) for modifications to have effect from the date when the original scheme came into effect.

(5) In this section, references to rights and liabilities include rights and liabilities relating to a contract of employment.