OpenLegislation

Section 127 Effect of codes issued under section 125(4)I1I2

(1)

A failure by a person to act in accordance with a provision of a code issued under section 125(4) does not of itself make that person liable to legal proceedings in a court or tribunal.

(2)

A code issued under section 125(4), including an amendment or replacement code, is admissible in evidence in legal proceedings.

(3)

In any proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code issued under section 125(4) in determining a question arising in the proceedings if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to the court or tribunal to be relevant to the question.

(4)

Where the F1Commission is carrying out a function described in subsection (5), the Commission must take into account a provision of a code issued under section 125(4) in determining a question arising in connection with the carrying out of the function if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to the Commission to be relevant to the question.

(5)

Those functions are functions under—

(a)

the data protection legislation, or

(b)

the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426).

Annotations

Textual amendments

F1

Word in s. 127(4) 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)

Commencement

I1

S. 127 not in force at Royal Assent; s. 127 in force at 23.7.2018 for specified purposes, see s. 212(3)(b)

I2

S. 127 in force at 23.7.2018 for specified purposes by S.I. 2018/625, reg. 3(d)

Notes on Part 5

Textual amendments

F1

Word in Pt. 5 heading 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

Pts. 5-7 applied in part (with modifications) (5.2.2026) by S.I. 2003/2426, reg. 31, Sch. 1 (as substituted by Data (Use and Access) Act 2025 (c. 18), ss. 115(5)(8), 142(1), Sch. 13; S.I. 2026/82, reg. 2(y)(z14) (with regs. 8-11) and as amended (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 6(3), (4)(j); S.I. 2026/1015, reg. 2(c))

C2

Pt. 5 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))