Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Section 161 is up to date with all changes known to be in force on or before 08 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 161:
- s. 26(2)(f)(ai) omitted by 2025 c. 18 Sch. 10 para. 9
- s. 44(1)(da) inserted by 2025 c. 18 Sch. 10 para. 10(2)(a)
- s. 44(5)(ca) inserted by 2025 c. 18 Sch. 10 para. 10(3)(a)
- s. 45(2)(ea) inserted by 2025 c. 18 Sch. 10 para. 11(2)(a)
- s. 45(5)(ca) inserted by 2025 c. 18 Sch. 10 para. 11(3)(a)
- s. 45A(2)(ca) inserted by 2025 c. 18 Sch. 10 para. 12
- s. 48(1)(b)(iia) inserted by 2025 c. 18 Sch. 10 para. 13(2)(a)
- s. 48(4)(ba) inserted by 2025 c. 18 Sch. 10 para. 13(3)(a)
- s. 149(5A) inserted by 2025 c. 18 Sch. 10 para. 16(3)
- s. 157(4A) inserted by 2025 c. 18 Sch. 10 para. 18
- s. 187(2)(za) inserted by 2025 c. 18 Sch. 10 para. 21(3)(a)
- Sch. 3 para. 8(1)(y) added by 2022 c. 18 (N.I.) Sch. 3 para. 78(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 26(2)(f)(ai) omitted by 2025 c. 18 Sch. 10 para. 9
- s. 44(1)(da) inserted by 2025 c. 18 Sch. 10 para. 10(2)(a)
- s. 44(5)(ca) inserted by 2025 c. 18 Sch. 10 para. 10(3)(a)
- s. 45(2)(ea) inserted by 2025 c. 18 Sch. 10 para. 11(2)(a)
- s. 45(5)(ca) inserted by 2025 c. 18 Sch. 10 para. 11(3)(a)
- s. 45A(2)(ca) inserted by 2025 c. 18 Sch. 10 para. 12
- s. 48(1)(b)(iia) inserted by 2025 c. 18 Sch. 10 para. 13(2)(a)
- s. 48(4)(ba) inserted by 2025 c. 18 Sch. 10 para. 13(3)(a)
- s. 149(5A) inserted by 2025 c. 18 Sch. 10 para. 16(3)
- s. 157(4A) inserted by 2025 c. 18 Sch. 10 para. 18
- s. 187(2)(za) inserted by 2025 c. 18 Sch. 10 para. 21(3)(a)
- Sch. 3 para. 8(1)(y) added by 2022 c. 18 (N.I.) Sch. 3 para. 78(3)
PART 6Enforcement
Guidance and report
161Approval of first guidance about regulatory action
(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 F1whole 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.