Data Protection Act 1998 (c. 29) - Statute Law Database

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Data Protection Act 1998 (c. 29)
	Main body
		Part I Preliminary

Version 5 of 5

The Commissioner and the Tribunal.

— [ F1 (1) For the purposes of this Act and of the Freedom of Information Act 2000 there shall be an officer known as the Information Commissioner (in this Act referred to as “the Commissioner”).]

(2) The Commissioner shall be appointed by Her Majesty by Letters Patent.

[ F2 (3) For the purposes of this Act and of the Freedom of Information Act 2000 there shall be a tribunal known as the Information Tribunal (in this Act referred to as “the Tribunal”).]

(4) The Tribunal shall consist of—

(a)

a chairman appointed by the Lord Chancellor after consultation with the Lord Advocate,

(b)

such number of deputy chairmen so appointed as the Lord Chancellor may determine, and

(c)

such number of other members appointed by the [F3 Secretary of State] as he may determine.

(5) The members of the Tribunal appointed under subsection (4)(a) and (b) shall be—

(a)

persons who have a 7 year general qualification, within the meaning of section 71 of the M1 Courts and Legal Services Act 1990,

(b)

advocates or solicitors in Scotland of at least 7 years’ standing, or

(c)

members of the bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of at least 7 years’ standing.

(6) The members of the Tribunal appointed under subsection (4)(c) shall be—

(a)

persons to represent the interests of data subjects,

[F4 (aa)

persons to represent the interests of those who make requests for information under the Freedom of Information Act 2000,]

(b)

persons to represent the interests of data controllers [F5 and

(bb)

persons to represent the interests of public authorities.]

(7) Schedule 5 has effect in relation to the Commissioner and the Tribunal.

Annotations:
Amendments (Textual)
F1	S. 6(1) substituted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2)(c), Sch. 2 Pt. I para. 13(2) (with ss. 7(1)(7), 56, 78)
F2	S. 6(3) substituted (14.5.2001) by 2000 c. 36, s. 18(2), Sch. 2 Pt. I para. 13(3) (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
F3	Words in s. 6(4)(c) substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)
F4	S. 6(6)(aa) substituted for word in s. 6(6)(a) (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. II para. 16(a) (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
F5	S. 6(6)(bb) and the preceding word inserted (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. II para. 16(b) (with ss. 7(1)(7), 56, 78); S.I. 2001/1637, art. 2(b)
Modifications etc. (not altering text)
C1	S. 6(4)(a)(b): transfer of certain functions (1.7.1999) by 1999/1750, arts. 1,2, (with art. 7) Sch. 1 ; S.I. 1998/3178, art. 3 S. 6(4)(a)(b) modified (30.6.1999) by S.I. 1999/1748, art. 3, Sch. 1 para. 20
C2	s. 6(4)(a): functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch (with art. 7)
Marginal Citations
M1	1990 c. 41.

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Attributes of: 6. The Commissioner and the Tribunal.
Version no	Start date	End date	Extent	Confers power	Blanket amendment
> 5	19/08/2003		E+W+S+N.I.	N	N

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