Data (Use and Access) Act 2025
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Change 1
98 Power of the Commissioner to require a report
(1) The 2018 Act is amended as follows. (2) In section 146 (assessment notices)— (a) in subsection (2), after paragraph (i), insert— (j) make arrangements for an approved person to prepare a report on a specified matter; (k) provide to the Commissioner a report prepared in pursuance of such arrangements. , (b) after subsection (3) insert— (3A) An assessment notice that requires a controller or processor to make arrangements for an approved person to prepare a report may require the arrangements to include specified terms as to— (a) the preparation of the report; (b) the contents of the report; (c) the form in which the report is to be provided; (d) the date by which the report is to be completed. , (c) after subsection (11) insert— (11A) Where the Commissioner gives an assessment notice that requires the controller or processor to make arrangements for an approved person to prepare a report, the controller or processor is liable for the payment of the approved person’s remuneration and expenses under the arrangements. , and (d) in subsection (12), before the definition of “domestic premises” insert— “approved person”, in relation to a report, means a person approved to prepare the report in accordance with section 146A; . (3) After section 146 insert— Assessment notices: approval of person to prepare report etc 146A (1) This section applies where an assessment notice requires a controller or processor to make arrangements for an approved person to prepare a report. (2) The controller or processor must, within such period as is specified in the assessment notice, nominate to the Commissioner a person to prepare the report. (3) If the Commissioner is satisfied that the nominated person is a suitable person to prepare the report, the Commissioner must by written notice to the controller or processor approve the nominated person to prepare the report. (4) If the Commissioner is not satisfied that the nominated person is a suitable person to prepare the report, the Commissioner must by written notice to the controller or processor— (a) inform the controller or processor that the Commissioner has decided not to approve the nominated person to prepare the report, (b) inform the controller or processor of the reasons for that decision, and (c) approve a person who the Commissioner is satisfied is a suitable person to prepare the report to do so. (5) If the controller or processor does not nominate a person within the period specified in the assessment notice, the Commissioner must by written notice to the controller or processor approve a person who the Commissioner is satisfied is a suitable person to prepare the report to do so. (6) It is the duty of the controller or processor to give the person approved to prepare the report all such assistance as the person may reasonably require to prepare the report. (4) In section 155 (penalty notices), in subsection (1)— (a) omit the “or” at the end of paragraph (a), and (b) at the end of paragraph (b) insert , or (c) has failed to comply with a duty imposed on the person by section 146A(6). (5) In section 160 (guidance about regulatory action), in subsection (4), after paragraph (a) insert— (aa) provision specifying factors to be considered in determining whether to give an assessment notice to a person that imposes a requirement of a sort mentioned in section 146(2)(j); (ab) provision about the factors the Commissioner may take into account when determining the suitability of a person to prepare a report of a sort mentioned in section 146(2)(j); .
98 Power of the Commissioner to require a report
(1) The 2018 Act is amended as follows. (2) In section 146 (assessment notices)— (a) in subsection (2), after paragraph (i), insert— (j) make arrangements for an approved person to prepare a report on a specified matter; (k) provide to the Commissioner a report prepared in pursuance of such arrangements. , (b) after subsection (3) insert— (3A) An assessment notice that requires a controller or processor to make arrangements for an approved person to prepare a report may require the arrangements to include specified terms as to— (a) the preparation of the report; (b) the contents of the report; (c) the form in which the report is to be provided; (d) the date by which the report is to be completed. , (c) after subsection (11) insert— (11A) Where the Commissioner gives an assessment notice that requires the controller or processor to make arrangements for an approved person to prepare a report, the controller or processor is liable for the payment of the approved person’s remuneration and expenses under the arrangements. , and (d) in subsection (12), before the definition of “domestic premises” insert— “approved person”, in relation to a report, means a person approved to prepare the report in accordance with section 146A; . (3) After section 146 insert— Assessment notices: approval of person to prepare report etc 146A (1) This section applies where an assessment notice requires a controller or processor to make arrangements for an approved person to prepare a report. (2) The controller or processor must, within such period as is specified in the assessment notice, nominate to the Commissioner a person to prepare the report. (3) If the Commissioner is satisfied that the nominated person is a suitable person to prepare the report, the Commissioner must by written notice to the controller or processor approve the nominated person to prepare the report. (4) If the Commissioner is not satisfied that the nominated person is a suitable person to prepare the report, the Commissioner must by written notice to the controller or processor— (a) inform the controller or processor that the Commissioner has decided not to approve the nominated person to prepare the report, (b) inform the controller or processor of the reasons for that decision, and (c) approve a person who the Commissioner is satisfied is a suitable person to prepare the report to do so. (5) If the controller or processor does not nominate a person within the period specified in the assessment notice, the Commissioner must by written notice to the controller or processor approve a person who the Commissioner is satisfied is a suitable person to prepare the report to do so. (6) It is the duty of the controller or processor to give the person approved to prepare the report all such assistance as the person may reasonably require to prepare the report. (4) In section 155 (penalty notices), in subsection (1)— (a) omit the “or” at the end of paragraph (a), and (b) at the end of paragraph (b) insert , or (c) has failed to comply with a duty imposed on the person by section 146A(6). (5) In section 160 (guidance about regulatory action), in subsection (4), after paragraph (a) insert— (aa) provision specifying factors to be considered in determining whether to give an assessment notice to a person that imposes a requirement of a sort mentioned in section 146(2)(j); (ab) provision about the factors the Commissioner may take into account when determining the suitability of a person to prepare a report of a sort mentioned in section 146(2)(j); .
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