Explanatory note

These are the ninth commencement Regulations made under the Data (Use and Access) Act 2025 (c. 18) (“the 2025 Act”).

Regulation 2 brings into force various provisions (namely sections 117(4)(a), 118 and 119 of the 2025 Act) which relate to the replacement of the Information Commissioner with the Information Commission.

Section 118 of the 2025 Act abolishes the office of the Information Commissioner, and as part of that, omits Schedule 12 to the Data Protection Act 2018 (“the 2018 Act”). Section 117(4)(a) makes a related amendment to remove an internal cross reference to Schedule 12 of the 2018 Act which is no longer required as a result of the changes made by section 118.

Section 119 of the 2025 Act transfers the functions of the Information Commissioner to the Information Commission.

Regulations 3 and 4 make appropriate transitional and saving provision to ensure continuity in respect of any act, omission or other thing done or being done by or in relation to the Information Commissioner, and also to ensure that there are no accounting gaps whilst functions are transferred from the Information Commissioner to the Information Commission.