Section 164 — Data Protection Act 2018: Applications in respect of urgent notices

Applications in respect of urgent notices 164 1 This section applies where an information notice, an assessment notice , an interview notice or an enforcement notice given to a person contains an urgency statement.

2 The person may apply to the court for either or both of the following—

a the disapplication of the urgency statement in relation to some or all of the requirements of the notice;

b a change to the time at which, or the period within which, a requirement of the notice must be complied with.

3 On an application under subsection (2), the court may do any of the following—

a direct that the notice is to have effect as if it did not contain the urgency statement;

b direct that the inclusion of the urgency statement is not to have effect in relation to a requirement of the notice;

c vary the notice by changing the time at which, or the period within which, a requirement of the notice must be complied with;

d vary the notice by making other changes required to give effect to a direction under paragraph (a) or (b) or in consequence of a variation under paragraph (c).

4 The decision of the court on an application under this section is final.

5 In this section, “ urgency statement ” means—

a in relation to an information notice, a statement under section 142(7)(a),

b in relation to an assessment notice, a statement under section 146(8)(a) or (9)(d),

ba in relation to an interview notice, a statement under section 148A(8)(a),

and c in relation to an enforcement notice, a statement under section 150(8)(a).