Section 124B Panels to consider codes of practiceC1

(1)

F1This section applies where a code is prepared under section 121, 122, 123, 124 or 124A, subject to subsection (11).

(2)

The F2Commission must establish a panel of individuals to consider the code.

(3)

The panel must consist of—

(a)

individuals the Commission considers have expertise in the subject matter of the code, and

(b)

individuals the Commission considers—

(i)

are likely to be affected by the code, or

(ii)

represent persons likely to be affected by the code.

(4)

Before the panel begins to consider the code, the Commission must—

(a)

publish the code in draft, and

(b)

publish a statement that—

(i)

states that a panel has been established to consider the code,

(ii)

identifies the members of the panel,

(iii)

explains the process by which they were selected, and

(iv)

explains the reasons for their selection.

(5)

Where at any time it appears to the Commission that a member of the panel is not willing or able to serve as a member of the panel, the Commission may select another individual to be a member of the panel.

(6)

Where the Commission selects an individual to be a member of the panel under subsection (5), the Commission must publish a statement that—

(a)

identifies the member of the panel,

(b)

explains the process by which the member was selected, and

(c)

explains the reasons for the member’s selection.

(7)

The Commission must make arrangements—

(a)

for the members of the panel to consider the code with one another (whether in person or otherwise), and

(b)

for the panel to prepare and submit to the Commission a report on the code within such reasonable period as is determined by the Commission.

(8)

If the panel submits to the Commission a report on the code within the period determined by the Commission, the Commission must as soon as reasonably practicable—

(a)

make any alterations to the code that the Commission considers appropriate in the light of the report, and

(b)

publish—

(i)

the code in draft,

(ii)

the report or a summary of it, and

(iii)

in a case where a recommendation in the report to alter the code has not been accepted by the Commission, an explanation of why it has not been accepted.

(9)

The Commission may pay remuneration and expenses to the members of the panel.

(10)

This section applies in relation to amendments prepared under section 121, 122, 123, 124 or 124A as it applies in relation to codes prepared under those sections, subject to subsection (11).

(11)

The Secretary of State may by regulations provide that this section does not apply, or applies with modifications, in the case of—

(a)

a code prepared under section 124A, or

(b)

an amendment of such a code,

that is specified or described in the regulations.

(12)

Regulations under this section are subject to the negative resolution procedure.

Annotations

Textual amendments

F1: Ss. 124B, 124C inserted (19.6.2025 for specified purposes, 20.8.2025 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 93, 142(1)(2)(h); S.I. 2025/904, reg. 2(g)
F2: Word in s. 124B(2)-(9) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Modifications

C1: S. 124B applied (with modifications) (12.5.2026) by The Data Protection Act 2018 (Code of Practice on Artificial Intelligence and Automated Decision-Making) Regulations 2026 (S.I. 2026/425), regs. 1(2), 3