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The Data Protection Act 1998 (Commencement No. 2) Order 2008

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Statutory Instruments

2008 No. 1592 (C.71)

Data Protection

The Data Protection Act 1998 (Commencement No. 2) Order 2008

Made

19th June 2008

The Secretary of State makes the following Order in exercise of the powers conferred upon him by section 75(3) of the Data Protection Act 1998(1):

Citation

1.  This Order may be cited as the Data Protection Act 1998 (Commencement No. 2) Order 2008.

Provision commenced on 7th July 2008

2.  7th July 2008 is the day appointed for the coming into force of section 56 of the Data Protection Act 1998 (prohibition of requirement as to production of certain records)(2) insofar as it relates to the entries in the table in subsection (6) of that section which relate to—

(a)the functions of the Secretary of State under the Safeguarding Vulnerable Groups Act 2006(3) or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(4);

(b)the functions of the Independent Barring Board(5) under the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Signed by authority of the Secretary of State

Michael Wills

Minister of State

Ministry of Justice

19th June 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This is the second Commencement Order made under the Data Protection Act 1998.

Article 2 of this Order provides for the partial commencement of section 56 of the Data Protection Act 1998 (c. 29) (“DPA”) on the 7th of July 2008. Section 56 prohibits a person, A, from requiring an individual, B, or a third party, C, to provide A with information obtained by means of a subject access request under section 7 of the DPA. The prohibition applies in circumstances specified in section 56, for example where B is seeking employment with A. However, Article 2 commences section 56 only in relation to information held by the Secretary of State or by the Independent Barring Board pursuant to their respective functions under the Safeguarding Vulnerable Groups Act 2006 (c. 47) or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11) (the Independent Barring Board is established under section 1 of the Safeguarding Vulnerable Groups Act).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
sections 4 to 61st March 20002000/183 (C.4)
section 7 in so far as not already in force1st March 20002000/183 (C.4)
section 8 in so far as not already in force1st March 20002000/183 (C.4)
section 9 in so far as not already in force1st March 20002000/183 (C.4)
section 10 in so far as not already in force1st March 20002000/183 (C.4)
section 111st March 20002000/183 (C.4)
section 12 in so far as not already in force1st March 20002000/183 (C.4)
sections 13 to 161st March 20002000/183 (C.4)
section 17 in so far as not already in force1st March 20002000/183 (C.4)
section 18 in so far as not already in force1st March 20002000/183 (C.4)
section 19 in so far as not already in force1st March 20002000/183 (C.4)
section 20 in so far as not already in force1st March 20002000/183 (C.4)
section 211st March 20002000/183 (C.4)
section 22 in so far as not already in force1st March 20002000/183 (C.4)
section 23 in so far as not already in force1st March 20002000/183 (C.4)
section 241st March 20002000/183 (C.4)
section 25(2) and (3)1st March 20002000/183 (C.4)
sections 27 to 291st March 20002000/183 (C.4)
section 30 in so far as not already in force1st March 20002000/183 (C.4)
section 311st March 20002000/183 (C.4)
section 32 in so far as not already in force1st March 20002000/183 (C.4)
sections 33 to 371st March 20002000/183 (C.4)
section 38 in so far as not already in force1st March 20002000/183 (C.4)
sections 39 to 501st March 20002000/183 (C.4)
section 51 in so far as not already in force1st March 20002000/183 (C.4)
section 521st March 20002000/183 (C.4)
section 531st March 20002000/183 (C.4)
section 54 in so far as not already in force1st March 20002000/183 (C.4)
section 551st March 20002000/183 (C.4)
sections 57 to 631st March 20002000/183 (C.4)
section 64 in so far as not already in force1st March 20002000/183 (C.4)
section 651st March 20002000/183 (C.4)
section 661st March 20002000/183 (C.4)
sections 72 to 741st March 20002000/183 (C.4)
Schedules 1 to 4 in so far as not already in force1st March 20002000/183 (C.4)
Paragraphs 1 to 16 of Schedule 51st March 20002000/183 (C.4)
Schedule 61st March 20002000/183 (C.4)
Schedule 7 in so far as not already in force1st March 20002000/183 (C.4)
Schedules 8 to 101st March 20002000/183 (C.4)
Schedules 13 to 161st March 20002000/183 (C.4)
(1)

1998 c. 29; section 75 was amended by paragraph 9(1)(a) of Schedule 2 to the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), paragraph 15(1) and (3) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47), and paragraph 4(2)(a) and (b) of Schedule 7 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)).

(2)

Section 56 was amended by paragraph 191 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 78(2)(a) of the Police (Northern Ireland) Act 2000 (c. 32), section 68(4) of the Freedom of Information Act 2000 (c. 36), paragraph 9(1)(a) of Schedule 2 to S.I. 2003/1887, paragraph 112 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraph 15(1) and (2) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006, and paragraph 4(1) of Schedule 7 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)).

(5)

The Independent Barring Board is established under section 1 of the Safeguarding Vulnerable Groups Act 2006.

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