xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pt. V applied (with modifications) (1.3.2000) by S.I. 1999/2093, reg. 36(1), Sch. 4
Pt. V applied (with modifications) (1.3.2000) by S.I. 2000/190, art. 5(2)
C2Pt. V extended (with modifications) (11.12.2003) by The Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426), reg. 31, Sch. 1 (with regs. 4, 15(3), 28, 29)
C3Pt. V applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 51(1)(a)
C4Pt. V amendment to earlier affecting provision S.I. 2003/2426 reg. 31 Sch. (6.4.2015) by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2015 (S.I. 2015/355), regs. 1, reg. 2(3)-(5)
(1)The Commissioner may not at any time serve an enforcement notice on a data controller with respect to the processing of personal data for the special purposes unless—
(a)a determination under section 45(1) with respect to those data has taken effect, and
(b)the court has granted leave for the notice to be served.
(2)The court shall not grant leave for the purposes of subsection (1)(b) unless it is satisfied—
(a)that the Commissioner has reason to suspect a contravention of the data protection principles which is of substantial public importance, and
(b)except where the case is one of urgency, that the data controller has been given notice, in accordance with rules of court, of the application for leave.
(3)The Commissioner may not serve an information notice on a data controller with respect to the processing of personal data for the special purposes unless a determination under section 45(1) with respect to those data has taken effect.