Section 146A Assessment notices: approval of person to prepare report etcF1

(1)

This section applies where an assessment notice requires a controller or processor to make arrangements for an approved person to prepare a report.

(2)

The controller or processor must, within such period as is specified in the assessment notice, nominate to the F2Commission a person to prepare the report.

(3)

If the Commission is satisfied that the nominated person is a suitable person to prepare the report, the Commission must by written notice to the controller or processor approve the nominated person to prepare the report.

(4)

If the Commission is not satisfied that the nominated person is a suitable person to prepare the report, the Commission must by written notice to the controller or processor—

(a)

inform the controller or processor that the Commission has decided not to approve the nominated person to prepare the report,

(b)

inform the controller or processor of the reasons for that decision, and

(c)

approve a person who the Commission is satisfied is a suitable person to prepare the report to do so.

(5)

If the controller or processor does not nominate a person within the period specified in the assessment notice, the Commission must by written notice to the controller or processor approve a person who the Commission is satisfied is a suitable person to prepare the report to do so.

(6)

It is the duty of the controller or processor to give the person approved to prepare the report all such assistance as the person may reasonably require to prepare the report.

Annotations

Textual amendments

F1: S. 146A inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 98(3), 142(1); S.I. 2026/82, reg. 2(q)
F2: Word in s. 146A(2)-(5) 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)

Notes on Part 6

Modifications

C1: Pt. 6 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); and as amended (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105, 142(1); S.I. 2026/82, reg. 2(u); and (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 19(3)(c); S.I. 2026/1015, reg. 2(c))
C2: 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))