Section 125 — Data Protection Act 2018: Approval of codes prepared under sections 121 to 124A

Approval of codes prepared under sections 121 to 124A 125 1 When a code is prepared under section 121, 122, 123 , 124 or 124A —

a the Commissioner must submit the final version to the Secretary of State, and b the Secretary of State must lay the code before Parliament. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 If, within the 40-day period, either House of Parliament resolves not to approve a code prepared under section 121, 122, 123 , 124 or 124A , the Commissioner must not issue the code.

4 If no such resolution is made within that period—

a the Commissioner must issue the code, and b the code comes into force at the end of the period of 21 days beginning with the day on which it is issued.

5 If the Commissioner is prevented by subsection (3) from issuing a code that is not a replacement code, the Commissioner must prepare another version of the code.

6 Nothing in subsection (3) prevents another version of the code being laid before Parliament.

7 In this section, “ the 40-day period ” means—

a if the code is laid before both Houses of Parliament on the same day, the period of 40 days beginning with that day, or b if the code is laid before the Houses of Parliament on different days, the period of 40 days beginning with the later of those days.

8 In calculating the 40-day period, no account is to be taken of any whole days that fall within a period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.

9 This section, other than subsection (5) , applies in relation to amendments prepared under section 121, 122, 123 , 124 or 124A as it applies in relation to codes prepared under those sections.