Section 161 — Data Protection Act 2018: Approval of first guidance about regulatory action

Approval of first guidance about regulatory action 161 1 When the first guidance is produced under section 160(1)—

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

2 If, within the 40-day period, either House of Parliament resolves not to approve the guidance—

a the Commissioner must not issue the guidance, and b the Commissioner must produce another version of the guidance (and this section applies to that version).

3 If, within the 40-day period, no such resolution is made—

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

4 Nothing in subsection (2)(a) prevents another version of the guidance being laid before Parliament.

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

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

6 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.