The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

Other functions of the Commissioner

51.—(1) The following provisions of the Act apply for the purposes of this Part as they apply for the purposes of the Act, with the modifications set out in paragraph (2)—

(a) in Part 5 (enforcement)—

(i) sections 40, except subsections (4)(b), (9) and (10), and 41 (enforcement notices);

(ii) sections 42 (request for assessment) and 43, except subsection (10) (information notices);

(iii) section 47 (failure to comply with notice); and

(iv) sections 48, except subsection (4), and 49, except subsection (5) (appeals);

(b) in Part 6 (miscellaneous and general)—

(i) sections 51 to 52E (functions of the Commissioner);

(ii) section 54A (inspection of overseas information systems);

(iii) sections 55A to 55E (monetary penalties);

(iv) sections 58 and 59 (information);

(v) section 60 (except for subsection (4)(a) and (b)) (prosecutions and penalties);

(vi) section 63(1), (2) and (5) (application to Crown); and

(vii) sections 64(1)(c), (2) and (3) (transmission of notices etc. by electronic or other means) and 65 (service of notices by Commissioner).

(2) The modifications referred to in paragraph (1) are—

(a) any reference to a matter listed in the first column of the table in Schedule 5 is to be construed as a reference to the matter in the corresponding entry in the second column of that table; and

(b) a provision including a reference to a “special information notice” is to be read as if that reference were omitted.