Section 182 Regulations and consultationI1

(1)

Regulations under this Act are to be made by statutory instrument.

(2)

Before making regulations under this Act, the Secretary of State must consult—

(a)

the F1Commission, and

(b)

such other persons as the Secretary of State considers appropriate.

(3)

Subsection (2) does not apply to regulations made under—

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

section 30;

(c)

section 211;

(d)

section 212;

(e)

section 213;

(f)

paragraph 15 of Schedule 2.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Regulations under this Act may—

(a)

make different provision for different purposes;

(b)

include consequential, supplementary, incidental, transitional, transitory or saving provision.

(6)

F4For the purposes of this Act, where regulations are subject to “the negative resolution procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

F5For the purposes of this Act, where regulations are subject to “the affirmative resolution procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

(8)

F6For the purposes of this Act, regulations are subject to “the made affirmative resolution procedure” F7if—

(a)

the statutory instrument containing the regulations must be laid before Parliament after being made, together with F8an urgency statement in respect of them, and

(b)

the regulations cease to have effect at the end of F9a period beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of each House of Parliament.

(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)

Any provision that may be included in regulations under this Act subject to the negative resolution procedure may be made by regulations F11made under this Act or another enactment that are subject to the affirmative resolution procedure or the made affirmative resolution procedure.

(12)

If a draft of a statutory instrument containing regulations under section 7 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

(13)

A requirement under a provision of this Act to consult may be satisfied by consultation before, as well as by consultation after, the provision comes into force.

(14)

F12For the purposes of this section, an urgency statement is a reasoned statement that the Secretary of State considers it desirable for regulations to come into force without delay.

Annotations

Textual amendments

F1: Word in s. 182(2)(a) 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)
F2: S. 182(3)(a) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 77 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3: S. 182(4) omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(2) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
F4: Words in s. 182(6) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(3) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
F5: Words in s. 182(7) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(4) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
F6: Words in s. 182(8) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(5)(a) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
F7: Word in s. 182(8) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(5)(b) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
F8: Words in s. 182(8)(a) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(5)(c) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
F9: Words in s. 182(8)(b) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(5)(d) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
F10: S. 182(9)(10) omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(6) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
F11: Words in s. 182(11) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(7) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)
F12: S. 182(14) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 9 para. 22(8) (with Sch. 9 Pt. 2); S.I. 2026/82, reg. 2(z11)

Commencement

I1: S. 182 in force at royal Assent, see s. 212(2)(b)