Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Schedule 12A is up to date with all changes known to be in force on or before 04 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
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
F1Schedule 12AThe Information Commission
Status
1
(1)
The Commission is not to be regarded—
(a)
as a servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
(2)
The Commission’s property is not to be regarded—
(a)
as property of the Crown, or
(b)
as property held on behalf of the Crown.
Number of members
2
(1)
The number of members of the Commission is to be determined by the Secretary of State.
(2)
That number must not be—
(a)
less than 3, or
(b)
more than 14.
(3)
The Secretary of State may by regulations substitute a different number for the number for the time being specified in sub-paragraph (2)(b).
(4)
Regulations under this paragraph are subject to the negative resolution procedure.
Membership: general
3
(1)
The Commission is to consist of—
(a)
the non-executive members, and
(b)
the executive members.
(2)
The non-executive members are—
(a)
a chair appointed by His Majesty by Letters Patent on the recommendation of the Secretary of State, and
(b)
such other members as the Secretary of State may appoint.
(3)
The executive members are—
(a)
a chief executive appointed by the non-executive members or in accordance with paragraph 25, and
(b)
such other members, if any, as the non-executive members may appoint.
(4)
The Secretary of State must consult the chair of the Commission before appointing a non-executive member.
(5)
The non-executive members must consult the Secretary of State before appointing the chief executive.
(6)
The non-executive members must consult the chief executive about whether there should be any executive members within sub-paragraph (3)(b) and, if so, how many there should be.
(7)
The Secretary of State may by direction set a maximum and a minimum number of executive members.
(8)
The Commission may appoint one of the non-executive members as a deputy to the chair.
Membership: non-executive members to outnumber executive members
4
The Secretary of State must exercise the powers conferred on the Secretary of State by paragraphs 2 and 3 so as to secure that the number of non-executive members of the Commission is, so far as practicable, at all times greater than the number of executive members.
Membership: selection on merit etc
5
(1)
The Secretary of State may not recommend a person for appointment as the chair of the Commission unless the person has been selected on merit on the basis of fair and open competition.
(2)
A person may not be appointed as a member of the Commission unless the person has been selected on merit on the basis of fair and open competition.
Membership: conflicts of interests
6
(1)
Before—
(a)
recommending a person for appointment as the chair of the Commission, or
(b)
appointing a person as a non-executive member of the Commission,
the Secretary of State must be satisfied that the person does not have a conflict of interest.
(2)
The Secretary of State must check from time to time that none of the non-executive members has a conflict of interest.
(3)
The Secretary of State may require a non-executive member to provide whatever information the Secretary of State considers necessary for the purpose of checking that the member does not have a conflict of interest.
(4)
A non-executive member who is required to provide information under sub-paragraph (3) must provide it within such period as may be specified by the Secretary of State.
(5)
In this Schedule, “conflict of interest”, in relation to a person, means a financial or other interest which is likely to affect prejudicially the discharge by the person of the person’s functions as a member of the Commission.
Tenure of the chair
7
(1)
The chair of the Commission holds and vacates office in accordance with the terms of the chair’s appointment, subject to the provisions of this paragraph.
(2)
The chair must be appointed for a term of not more than 7 years.
(3)
On the recommendation of the Secretary of State, His Majesty may by Letters Patent extend the term of the chair’s appointment but not so the term as extended is more than 7 years.
(4)
A person cannot be appointed as the chair more than once.
(5)
The chair may be relieved from office by His Majesty at the chair’s own request.
(6)
The chair may be removed from office by His Majesty on an Address from both Houses of Parliament.
(7)
No motion is to be made in either House of Parliament for such an Address unless the Secretary of State has presented a report to that House stating that the Secretary of State is satisfied that—
(a)
the chair is guilty of serious misconduct,
(b)
the chair has a conflict of interest (see paragraph 6(5)),
(c)
the chair has failed to comply with paragraph 6(4), or
(d)
the chair is unable, unfit or unwilling to carry out the chair’s functions.
Tenure of deputy chair
8
(1)
A deputy chair of the Commission may resign that office by giving written notice to the Commission.
(2)
A deputy chair of the Commission ceases to hold that office on ceasing to be a non-executive member of the Commission.
(3)
A deputy chair of the Commission may be removed from that office by the Commission.
Tenure of the other non-executive members
9
(1)
This paragraph applies to a non-executive member of the Commission appointed by the Secretary of State.
(2)
The member holds and vacates office in accordance with the terms of their appointment, subject to the provisions of this paragraph.
(3)
The member must be appointed for a term of not more than 7 years.
(4)
The Secretary of State may extend the term of the member’s appointment but not so that the term as extended is more than 7 years.
(5)
The Secretary of State may not appoint the member as a non-executive member of the Commission on a subsequent occasion.
(6)
The member may resign from office by giving written notice to the Secretary of State and the Commission.
(7)
The Secretary of State may remove the member from office by written notice if satisfied that—
(a)
the member is guilty of serious misconduct,
(b)
the member has a conflict of interest (see paragraph 6(5)),
(c)
the member has failed to comply with paragraph 6(4), or
(d)
the member is unable, unfit or unwilling to carry out the member’s functions.
(8)
At the time of removing the member from office the Secretary of State must make public the decision to do so.
(9)
The Secretary of State must—
(a)
give the member a statement of reasons for the removal, and
(b)
if asked to do so by the member, publish the statement.
Remuneration and pensions of non-executive members
10
(1)
The Commission may pay to the non-executive members of the Commission such remuneration and allowances as the Secretary of State may determine.
(2)
The Commission may pay, or make provision for paying, to or in respect of the non-executive members of the Commission, such sums by way of pensions, allowances or gratuities (including pensions, allowances or gratuities paid by way of compensation in respect of loss of office) as the Secretary of State may determine.
(3)
The Commission may make a payment to a person of such amount as the Secretary of State may determine where—
(a)
the person ceases to be a non-executive member of the Commission otherwise than on the expiry of the person’s term of office, and
(b)
it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.
Executive members: terms and conditions
11
(1)
The executive members of the Commission are to be employees of the Commission.
(2)
The executive members are to be employed by the Commission on such terms and conditions, including those as to remuneration, as the non-executive members of the Commission may determine.
(3)
The Commission must—
(a)
pay to or in respect of the executive members of the Commission such pensions, allowances or gratuities (including pensions, allowances or gratuities paid by way of compensation in respect of loss of office) as the non-executive members of the Commission may determine, and
(b)
provide and maintain for them such pension schemes (whether contributory or not) as the non-executive members of the Commission may determine.
Other staff: appointment, terms and conditions
12
(1)
The Commission may—
(a)
appoint other employees, and
(b)
make such other arrangements for the staffing of the Commission as it considers appropriate.
(2)
In appointing an employee, the Commission must have regard to the principle of selection on merit on the basis of fair and open competition.
(3)
Employees appointed by the Commission are to be appointed on such terms and conditions, including those as to remuneration, as the Commission may determine.
(4)
The Commission may—
(a)
pay to or in respect of those employees such pensions, allowances or gratuities (including pensions, allowances or gratuities paid by way of compensation in respect of loss of employment) as the Commission may determine, and
(b)
provide and maintain for them such pension schemes (whether contributory or not) as the Commission may determine.
Committees
13
(1)
The Commission may establish committees.
(2)
A committee of the Commission may consist of or include persons who are neither members nor employees of the Commission.
(3)
But a committee of the Commission to which functions are delegated under paragraph 14(1)(c) must include at least one person who is either a member or an employee of the Commission.
(4)
Where a person who is neither a member nor an employee of the Commission is a member of a committee of the Commission, the Commission may pay to that person such remuneration and expenses as it may determine.
Delegation of functions
14
(1)
The Commission may delegate any of its functions to—
(a)
a member of the Commission,
(b)
an employee of the Commission, or
(c)
a committee of the Commission.
(2)
A function is delegated under sub-paragraph (1) to the extent and on the terms that the Commission determines.
(3)
A committee of the Commission may delegate any function delegated to it to a member of the committee.
(4)
A function is delegated under sub-paragraph (3) to the extent and on the terms that the committee determines.
(5)
The power of a committee of the Commission to delegate a function, and to determine the extent and terms of the delegation, is subject to the Commission’s power to direct what a committee established by it may and may not do.
(6)
The delegation of a function by the Commission or a committee of the Commission under this paragraph does not prevent the Commission or the committee from exercising that function.
Advice from committees
15
The Commission may require a committee of the Commission to give the Commission advice about matters relating to the discharge of the Commission’s functions.
Proceedings
16
(1)
The Commission may make arrangements for regulating—
(a)
its own procedure, and
(b)
the procedure of a committee of the Commission.
(2)
The non-executive members of the Commission may by majority make arrangements for regulating the procedure for the carrying out of the separate functions which are conferred on them under this Schedule.
(3)
Arrangements under this paragraph may include arrangements as to quorum and the making of decisions by a majority.
(4)
The Commission must publish arrangements which it makes under this paragraph.
(5)
This paragraph is subject to paragraph 18.
Records of proceedings
17
The Commission must make arrangements for the keeping of proper records of—
(a)
its proceedings,
(b)
the proceedings of a committee of the Commission,
(c)
the proceedings at a meeting of the non-executive members of the Commission,
(d)
anything done by a member or employee of the Commission under paragraph 14(1), and
(e)
anything done by a member of a committee of the Commission under paragraph 14(3).
Disqualification for acting in relation to certain matters
18
(1)
This paragraph applies if—
(a)
a member of the Commission has a direct or indirect interest in a matter falling to be considered at a meeting of the Commission,
(b)
a non-executive member of the Commission has a direct or indirect interest in a matter falling to be considered at a meeting of the non-executive members, or
(c)
a member of a committee of the Commission has a direct or indirect interest in a matter falling to be considered at a meeting of the committee.
(2)
The member with the interest must declare it.
(3)
The declaration must be recorded in the minutes of the meeting.
(4)
The member with the interest may not take part in a discussion or decision at the meeting relating to the matter, unless—
(a)
in the case of a meeting of the Commission, the other members of the Commission who are present have resolved unanimously that the interest is to be disregarded,
(b)
in the case of a meeting of the non-executive members, the other non-executive members who are present have resolved unanimously that the interest is to be disregarded, or
(c)
in the case of a meeting of a committee, the other members of the committee who are present have, in the manner authorised by the Commission, resolved that the interest is to be disregarded.
(5)
In giving authorisation for the purposes of sub-paragraph (4)(c), the Commission must secure that a resolution for those purposes does not allow a member to take part in a discussion or decision at a meeting of a committee to which functions are delegated under paragraph 14(1)(c) unless the number of other members of the committee in favour of the resolution—
(a)
is not less than two thirds of those who are both present and entitled to vote on the resolution, and
(b)
is not less than its quorum.
(6)
For the purposes of this paragraph, a notification given at or sent to a meeting of the Commission that a person—
(a)
is a member of a company or firm, and
(b)
is to be regarded as interested in any matter involving that company or firm,
is to be regarded as compliance with sub-paragraph (2) in relation to any such matter for the purposes of that meeting and subsequent meetings of the Commission, of the non-executive members or of a committee.
(7)
For the purposes of this paragraph, a notification given at or sent to a meeting of the non-executive members of the Commission or of a committee of the Commission that—
(a)
a person is a member of a company or firm, and
(b)
is to be regarded as interested in any matter involving that company or firm,
is to be regarded as compliance with sub-paragraph (2) in relation to any such matter for the purposes of that meeting and subsequent meetings of the non-executive members or (as the case may be) of the committee.
(8)
A notification described in sub-paragraph (6) or (7) remains in force until it is withdrawn.
(9)
A person required to make a declaration for the purposes of this paragraph in relation to any meeting—
(a)
is not required to attend the meeting, but
(b)
is to be taken to have complied with the requirements of this paragraph if the person takes reasonable steps to secure that notice of the person’s interest is read out, and taken into consideration, at the meeting in question.
Validity of proceedings
19
(1)
The validity of proceedings of the Commission, of the non-executive members of the Commission or of a committee of the Commission is not affected by—
(a)
a vacancy in the membership of the Commission or of the committee,
(b)
a defect in the appointment of a member of the Commission,
(c)
a failure of the Secretary of State to comply with the requirements of paragraph 4, or
(d)
a failure to comply with arrangements under paragraph 16 or with a requirement under paragraph 18.
(2)
Nothing in sub-paragraph (1)(d) validates proceedings of a meeting which is inquorate unless it is inquorate by reason only of a matter within sub-paragraph (1)(b) or (c).
Money
20
The Secretary of State may make payments to the Commission.
Fees etc and other sums
21
(1)
All fees, charges, penalties and other sums received by the Commission in carrying out its functions are to be paid to the Secretary of State.
(2)
Sub-paragraph (1) does not apply where the Secretary of State otherwise directs.
(3)
Any sums received by the Secretary of State under this paragraph are to be paid into the Consolidated Fund.
Accounts
22
(1)
The Commission must keep proper accounts and proper records in relation to them.
(2)
The Commission must prepare a statement of accounts in respect of each financial year in the form specified by the Secretary of State.
(3)
The Commission must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General before the end of August next following the financial year to which the statement relates.
(4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the statement of accounts, and
(b)
send a copy of the certified statement and the report to the Secretary of State.
(5)
The Secretary of State must lay before Parliament each document received under sub-paragraph (4)(b).
(6)
In this paragraph “financial year” means—
(a)
the period beginning with the date on which the Commission is established and ending with the 31 March following that date, and
(b)
each successive period of 12 months.
Authentication of seal and presumption of authenticity of documents
23
(1)
The application of the Commission’s seal must be authenticated by the signature of—
(a)
the chair of the Commission, or
(b)
another person authorised for that purpose by the Commission.
(2)
A document purporting to be duly executed under the Commission’s seal or signed on its behalf—
(a)
is to be received in evidence, and
(b)
is to be taken to be executed or signed in that way, unless the contrary is shown.
(3)
This paragraph does not extend to Scotland.
Supplementary powers
24
The Commission may do anything it thinks appropriate for the purposes of, or in connection with, its functions.
Transitional provision: interim chief executive
25
(1)
The first chief executive of the Commission is to be appointed by the chair of the Commission.
(2)
Before making the appointment the chair must consult the Secretary of State.
(3)
The appointment must be for a term of not more than 2 years.
(4)
The chair may extend the term of the appointment but not so the term as extended is more than 2 years.
(5)
For the term of appointment, the person appointed under sub-paragraph (1) is “the interim chief executive”.
(6)
Until the expiry of the term of appointment, the powers conferred on the non-executive members by paragraph 11(2) and (3) are exercisable in respect of the interim chief executive by the chair (instead of by the non-executive members).
(7)
In sub-paragraphs (5) and (6), the references to the term of appointment are to the term of appointment described in sub-paragraph (3), including any extension of the term under sub-paragraph (4).
Interpretation
26
In this Schedule—
(a)
references to pensions, allowances or gratuities include references to any similar benefits provided on death or retirement, and
(b)
references to the payment of pensions, allowances or gratuities to or in respect of a person include references to the making of payments towards the provision of pensions, allowances or gratuities to be paid to or in respect of a person.