OpenLegislation

Article 18A Entry directionsF1

(1)

This rule applies to an appeal against a decision of, or notice issued by, the F2Information Commission.

(2)

The Tribunal may give a direction (“an entry direction”) requiring the occupier of any premises (“the occupier”), including a party, to permit entry to specified persons in order to allow such persons to—

(a)

inspect, examine, operate or test relevant equipment;

(b)

inspect, examine or test relevant materials.

(3)

In paragraph (2)—

  • “relevant equipment” means equipment on the premises used or intended to be used in connection with the processing of personal data, or the storage, recording or deletion of other information; and

  • “relevant materials” means any documents and other materials on the premises connected with the processing of personal data, or the storage, recording or deletion of other information.

(4)

A direction under paragraph (2) may not require a person to permit the inspection, examination or testing of any document or other materials which a person could not be compelled to produce in the trial of an action in a court of law in the part of the United Kingdom where the proceedings are due to be determined.

(5)

A direction under paragraph (2) must specify the date and time at which the entry is to take place.

(6)

The Tribunal must send a copy of the direction to the occupier so that it is received at least 7 days before the date specified for the entry.

Annotations

Textual amendments

F1

Rule 18A inserted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 23

F2

Words in art. 18A(1) 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. 3 para. 11(3); S.I. 2026/1015, reg. 2(c)