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Protection of Freedoms Act 2012
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Protection of Freedoms Act 2012, Section 106 is up to date with all changes known to be in force on or before 04 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 106:
- specified provision(s) amendment to earlier commencing SI 2012/2234 art. 13 by S.I. 2014/831 art. 2(2)
- specified provision(s) transitional provisions and savings for commencing S.I. 2013/1814 by S.I. 2013/1813 art. 2-9
106Alteration of role of Secretary of State in relation to guidance powersU.K.
This section has no associated Explanatory Notes
(1)For section 41C(7) of the Data Protection Act 1998 (code of practice about assessment notices: requirement for approval of Secretary of State) substitute—
“(7)The Commissioner must consult the Secretary of State before issuing the code (or an altered or replacement code).”
(2)In section 52B of that Act (data-sharing code: approval by the Secretary of State)—
(a)for subsections (1) to (3) substitute—
“(1)When a code is prepared under section 52A, the Commissioner must—
(a)consult the Secretary of State, and
(b)submit the final version of the code to the Secretary of State.
(2)The Secretary of State must lay the code before Parliament.”, and”
(b)in subsection (6) for the words from the beginning to “the Commissioner” substitute “ Where such a resolution is passed, the Commissioner ”.
(3)For section 55C(5) of that Act (guidance about monetary penalty notices: requirement for approval of Secretary of State) substitute—
“(5)The Commissioner must consult the Secretary of State before issuing any guidance under this section.”
Commencement Information
I1S. 106 in force at 1.9.2013 by S.I. 2013/1906, art. 3(c)
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