2011 No. 601 (C. 21)

Data Protection

The Data Protection Act 1998 (Commencement No. 3) Order 2011

Made

The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 75(3) of the Data Protection Act 19981:

Citation1

This Order may be cited as the Data Protection Act 1998 (Commencement No. 3) Order 2011.

Partial commencement of section 56 of the Data Protection Act 19982

The day after the day on which this Order is made 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 a record containing information relating to the Scottish Ministers’ functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 20073.

Tim LoughtonParliamentary Under Secretary of StateDepartment for Education
EXPLANATORY NOTE

(This note is not part of the Order)

This is the third 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 day after the day on which this Order is made. 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 Scottish Ministers pursuant to their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp. 14).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

sections 4 to 6

1st March 2000

2000/183 (C.4)

section 7 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 8 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 9 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 10 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 11

1st March 2000

2000/183 (C.4)

section 12 in so far as not already in force

1st March 2000

2000/183 (C.4)

sections 13 to 16

1st March 2000

2000/183 (C.4)

section 17 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 18 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 19 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 20 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 21

1st March 2000

2000/183 (C.4)

section 22 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 23 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 24

1st March 2000

2000/183 (C.4)

section 25(2) and (3)

1st March 2000

2000/183 (C.4)

sections 27 to 29

1st March 2000

2000/183 (C.4)

section 30 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 31

1st March 2000

2000/183 (C.4)

section 32 in so far as not already in force

1st March 2000

2000/183 (C.4)

sections 33 to 37

1st March 2000

2000/183 (C.4)

section 38 in so far as not already in force

1st March 2000

2000/183 (C.4)

sections 39 to 50

1st March 2000

2000/183 (C.4)

section 51 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 52

1st March 2000

2000/183 (C.4)

section 53

1st March 2000

2000/183 (C.4)

section 54 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 55

1st March 2000

2000/183 (C.4)

section 56 partially

7th July 2008

2008/1592 (C.71)

sections 57 to 63

1st March 2000

2000/183 (C.4)

section 64 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 65

1st March 2000

2000/183 (C.4)

section 66

1st March 2000

2000/183 (C.4)

sections 72 to 74

1st March 2000

2000/183 (C.4)

Schedules 1 to 4 in so far as not already in force

1st March 2000

2000/183 (C.4)

Paragraphs 1 to 16 of Schedule 5

1st March 2000

2000/183 (C.4)

Schedule 6

1st March 2000

2000/183 (C.4)

Schedule 7 in so far as not already in force

1st March 2000

2000/183 (C.4)

Schedules 8 to 10

1st March 2000

2000/183 (C.4)

Schedules 13 to 16

1st March 2000

2000/183 (C.4)