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Section 125: Approval of codes prepared under sections 121 to 124A

Data Protection Act 2018 · 2018 c. 12View on legislation.gov.uk

Part 5: The Information Commissioner

When a code is prepared under section 121, 122, 123 , 124 or 124A—

the Commissioner must submit the final version to the Secretary of State, and
the Secretary of State must lay the code before Parliament.

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

If, within the 40-day period, either House of Parliament resolves not to approve a code prepared under section 121, 122, 123 , 124 or 124A, the Commissioner must not issue the code.

If no such resolution is made within that period—

the Commissioner must issue the code, and
the code comes into force at the end of the period of 21 days beginning with the day on which it is issued.

If the Commissioner is prevented by subsection (3) from issuing a code that is not a replacement code, the Commissioner must prepare another version of the code.

Nothing in subsection (3) prevents another version of the code being laid before Parliament.

In this section, "the 40-day period" means—

if the code is laid before both Houses of Parliament on the same day, the period of 40 days beginning with that day, or
if the code is laid before the Houses of Parliament on different days, the period of 40 days beginning with the later of those days.

In calculating the 40-day period, no account is to be taken of any whole days that fall within a period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.

This section, other than subsection (5), applies in relation to amendments prepared under section 121, 122, 123 , 124 or 124A as it applies in relation to codes prepared under those sections.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.