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The Data (Use and Access) Act 2025 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2026

S.I. 2026/1015 · Made 10 September 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

DATA PROTECTION

Made 10th September 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 142(1) and 143(1) of the Data (Use and Access) Act 2025f1.

Annotations to the whole text

Footnotes

f1

2025 c. 18.

Contents

  1. 1Citation
  2. 2Provisions coming into force on 30th September 2026
  3. 3Transitional provision: general continuity
  4. 4Transitional and saving provision relating to the accounts of the Information Commissioner
  5. Signature
  6. Explanatory note

1Citation

These Regulations may be cited as the Data (Use and Access) Act 2025 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2026.

2Provisions coming into force on 30th September 2026

The following provisions of the Data (Use and Access) Act 2025 come into force on 30th September 2026—

(a)

section 117(4)(a) (the Information Commission: omission of section 205(2)(l) of the Data Protection Act 2018);

(b)

section 118 (abolition of the office of Information Commissioner);

(c)

section 119 (transfer of functions to the Information Commission).

3Transitional provision: general continuity

Any—

(a)

act or omission, or

(b)

other thing (including legal proceedings)—

(i)

done, or

(ii)

which, immediately before 30th September 2026, is in the process of being done,

by or in relation to the Information Commissioner, is to be treated as an act, omission or thing done or in the process of being done, and capable of being continued, by or in relation to the Information Commission.

4Transitional and saving provision relating to the accounts of the Information Commissioner

Notwithstanding the commencement of section 118 of the Data (Use and Access) Act 2025 by regulation 2(b), in respect of the financial year ending with 31st March 2027, paragraph 11 of Schedule 12 to the Data Protection Act 2018f1 continues to apply in relation to the accounts of the Information Commissioner except that the duties imposed by that paragraph on the Information Commissioner are to be discharged by the Information Commission.

Signature

Stephanie Peacock

Parliamentary Under-Secretary of State

Department for Digital, Culture, Media and Sport

10th September 2026

Explanatory note

(This note is not part of the Regulations)

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.