Data Protection Bill [H.L.]

Data Protection Bill [H.L.] - continued	House of Commons
PART VI, MISCELLANEOUS AND GENERAL - continued
General - continued

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Exercise of rights in Scotland by children.

62. - (1) Where a question falls to be determined in Scotland as to the legal capacity of a person under the age of sixteen years to exercise any right conferred by any provision of this Act, that person shall be taken to have that capacity where he has a general understanding of what it means to exercise that right.

(2) Without prejudice to the generality of subsection (1), a person of twelve years of age or more shall be presumed to be of sufficient age and maturity to have such understanding as is mentioned in that subsection.

Orders, regulations and rules.

63. - (1) Any power conferred by this Act on the Secretary of State to make an order, regulations or rules shall be exercisable by statutory instrument.

(2) Any order, regulations or rules made by the Secretary of State under this Act may-

(a) make different provision for different cases, and

(b) make such supplemental, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate;

and nothing in section 7(11), 18(5), 25(1) or 29(3) limits the generality of paragraph (a).

(3) Before making-

(a) an order under any provision of this Act other than section 69(3),

(b) any regulations under this Act other than notification regulations (as defined by section 15(2)),

the Secretary of State shall consult the Commissioner.

(4) A statutory instrument containing (whether alone or with other provisions) an order under-

section 9(2)(b),

section 13(5)(b),

section 21(1),

section 28(4),

section 29,

section 31(3),

section 37,

paragraph 9 of Schedule 3, or

paragraph 4 of Schedule 7,
shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) A statutory instrument which contains (whether alone or with other provisions)-

(a) an order under-

section 21(7),

section 22,

section 50(3),

section 53(2), (3) or (4),

paragraph 3, 4 or 15 of Part II of Schedule 1,

paragraph 6 of Schedule 2,

paragraph 2 of Schedule 3, or

paragraph 4 of Schedule 4,

(b) regulations under section 7 relating to the definition of "the prescribed period",

(d) notification regulations (as defined by section 15(2)), or

(e) rules under paragraph 7 of Schedule 6,

and which is not subject to the requirement in subsection (4) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A statutory instrument containing-

(a) regulations prescribing fees for the purposes of any provision of this Act, or

(b) regulations under section 7 prescribing fees for the purposes of any other enactment,

shall be laid before Parliament after being made.

Supplementary definitions.

64. In this Act, unless the context otherwise requires-

"business" includes any trade or profession;

"the Commissioner" means the Data Protection Commissioner;

"the Data Protection Directive" means Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

"EEA State" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

"enactment" includes an enactment passed after this Act;

"government department" includes a Northern Ireland department and any body or authority exercising statutory functions on behalf of the Crown;

"health professional"-

(a) in relation to Great Britain, has the same meaning as in the Access to Health Records Act 1990, and

(b) in relation to Northern Ireland, has the same meaning as in the Access to Health Records (Northern Ireland) Order 1993;

"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975;

"public register" means any register which pursuant to a requirement imposed-

(a) by or under any enactment, or

(b) in pursuance of any international agreement,

is open to public inspection or open to inspection by any person having a legitimate interest;

"recipient", in relation to any personal data, means any person to whom the data are disclosed, including any person (such as an employee or agent of the data controller, a data processor or an employee or agent of a data processor) to whom they are disclosed in the course of processing the data for the data controller, but does not include any person to whom disclosure is or may be made as a result of, or with a view to, a particular inquiry by or on behalf of that person made in the exercise of any power conferred by law;

"registered company" means a company registered under the enactments relating to companies for the time being in force in the United Kingdom;

"third party", in relation to personal data, means any person other than-

(a) the data subject,

(b) the data controller, or

"the Tribunal" means the Data Protection Tribunal.

Index of defined expressions.

65. The following Table shows provisions defining or otherwise explaining expressions used in this Act (other than provisions defining or explaining an expression only used in the same section or Schedule)-

address (in Part III)	section 15(3)
business	section 64
the Commissioner	section 64
data	section 1(1)
data controller	sections 1(1) and (4) and 60(3)
data processor	section 1(1)
the Data Protection Directive	section 64
data protection principles	section 4 and Schedule 1
data subject	section 1(1)
disclosing (of personal data)	section 1(2)(b)
EEA State	section 64
enforcement notice	section 39(1)
fees regulations (in Part III)	section 15(2)
government department	section 64
health professional	section 64
information notice	section 42(1)
Minister of the Crown	section 64
the non-disclosure provisions (in Part IV)	section 26(3)
notification regulations (in Part III)	section 15(2)
obtaining (of personal data)	section 1(2)(a)
personal data	section 1(1)
prescribed (in Part III)	section 15(2)
processing (of information or data)	section 1(1) and paragraph 3 of Schedule 8
public register	section 64
publish (in relation to journalistic, literary or artistic material)	section 31(6)
recipient (in relation to personal data)	section 64
recording (of personal data)	section 1(2)(a)
registered company	section 64
registrable particulars (in Part III)	section 15(1)
relevant filing system	section 1(1)
sensitive personal data	section 2
special information notice	section 43(1)
the special purposes	section 3
the subject information provisions (in Part IV)	section 26(2)
third party (in relation to processing of personal data)	section 64
transfer (of personal data)	section 1(5) and (6)
the Tribunal	section 64
using (of personal data)	section 1(2)(b).

Modifications of Act.

66. During the period beginning with 24th October 2001 and ending with 23rd October 2007, the provisions of this Act shall have effect subject to the modifications set out in Schedule 11.

Prepared 26 March 1998