Data Protection Act 1998

2 (1) The Lord Chancellor shall from time to time designate, from among the chairman and deputy chairmen appointed by him under section 6(4)(a) and (b), those persons who are to be capable of hearing appeals under section 28(4) or (6) [F1 or under section 60(1) or (4) of the Freedom of Information Act 2000].

(2) A designation under sub-paragraph (1) may at any time be revoked by the Lord Chancellor.

[F2 (3) The Lord Chancellor may make, or revoke, a designation under this paragraph only with the concurrence of all of the following—

(a) the Lord Chief Justice;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.

(4) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph.

(5) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph.

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

Textual Amendments

F1 Words in Sch. 6 para. 2(1) inserted (14.5.2001) by 2000 c. 36, s. 61(1), Sch. 4 para. 1 (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(c)

F2 Sch. 6 para. 2(3)-(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 275(2); S.I. 2006/1014, art. 2, Sch. 1 para. 11