Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Section 125 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.
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PART 5The Information Commissioner
Codes of practice
125Approval of codes prepared under sections 121 to F1124A
(1)
When a code is prepared under section 121, 122, 123 F2, 124 or 124A—
(a)
the Commissioner must submit the final version to the Secretary of State, and
(b)
the Secretary of State must lay the code before Parliament.
F3(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
If, within the 40-day period, either House of Parliament resolves not to approve a code prepared under section 121, 122, 123 F4, 124 or 124A, the Commissioner must not issue the code.
(4)
If no such resolution is made within that period—
(a)
the Commissioner must issue the code, and
(b)
the code comes into force at the end of the period of 21 days beginning with the day on which it is issued.
F5(5)
If the Commissioner is prevented by subsection (3) from issuing a code that is not a replacement code, the Commissioner must prepare another version of the code.
(6)
Nothing in subsection (3) prevents another version of the code being laid before Parliament.
(7)
In this section, “the 40-day period” means—
(a)
if the code is laid before both Houses of Parliament on the same day, the period of 40 days beginning with that day, or
(b)
if the code is laid before the Houses of Parliament on different days, the period of 40 days beginning with the later of those days.
(8)
In calculating the 40-day period, no account is to be taken of any F6whole 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.