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Section 153 Enforcement notices: cancellation and variationI1

(1)

The F1Commission may cancel or vary an enforcement notice by giving written notice to the person to whom it was given.

(2)

A person to whom an enforcement notice is given may apply in writing to the Commission for the cancellation or variation of the notice.

(3)

An application under subsection (2) may be made only—

(a)

after the end of the period within which an appeal can be brought against the notice, and

(b)

on the ground that, by reason of a change of circumstances, one or more of the provisions of that notice need not be complied with in order to remedy the failure identified in the notice.

Annotations

Textual amendments

F1

Word in s. 153(1)(2) 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. 153 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)

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))