Sir Roger Gale
MP for Herne Bay and Sandwich · Conservative · United Kingdom
“In welcoming the Prime Minister to his place, let me say that I noticed his criticism of the water companies—a justified criticism, in many cases. May I direct his attention to the predatory activities of another private company?”
“The Secretary of State appears to think it is scaremongering to suggest that, with effect from this weekend, passenger and freight traffic using the channel tunnel and the port of Dover will be disrupted as a result of the European entry and exit system.”
“Before I call Esther McVey to move the motion, and then the Minister to respond, I remind Members that they may make a speech only with the prior permission of the Member in charge of the debate. No such notice has been given.”
“As the Minister has indicated, over the spring bank holiday there was chaos at Dover, at St Pancras and at the channel tunnel because of the failure of the EES. The French authorities were quite simply not prepared or able to implement the facilities properly.”
“This House has the capacity to criticise, but it also has the capacity to be fair. The Minister probably finds himself between a rock and a cliff face in a situation that he did not make himself. That does not absolve the MCA from the criticism that has rightly been levelled at it earlier today.”
“To ask the Secretary of State for the Home Department, what measures the Government have put in place to ensure that in the coming holiday season, travellers and business freight are not delayed at our ports, our international railway stations and our airports as a result of the imposition of the European entry and exit system.”
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“(5) The Treasury may by regulations make provision enabling or requiring the FCA to impose requirements on a person to whom FCA interface rules apply (referred to in this Part as “FCA additional requirements”) where the FCA considers it appropriate to impose the requirement— (a) in response to a failure, or likely failure, by the person to comply with an FCA interface rule or FCA additional requirement, or (b) in order to advance a purpose which the FCA is required to advance when exercising functions conferred by regulations under this section (see section (The FCA and financial services interfaces: supplementary)(3)(a)). (6) Regulations under subsection (5) may, for example, provide for the FCA to impose requirements by giving a notice or direction.”
“(4) For the purposes of this section— (a) an interface body is linked to the financial services sector to the extent that its interface, interface standards or interface arrangements are linked to the financial service sector; (b) interfaces, interface standards and interface arrangements are linked to the financial services sector to the extent that they are used, or intended to be used, by financial services providers (whether or not they are used, or intended to be used, by other persons).”
“(3) For the purposes of this section, requirements are interface-related if they relate to— (a) the composition, governance or activities of an interface body linked to the financial services sector, (b) an interface, interface standards or interface arrangements linked to the financial services sector, or (c) the use of such an interface, such interface standards or such interface arrangements.”
“(2) The following persons fall within this subsection— (a) an interface body linked to the financial services sector on which requirements are imposed by regulations made in reliance on section (Interface bodies); (b) a person required by regulations made in reliance on section (Interface bodies) to set up an interface body linked to the financial services sector; (c) a person who uses an interface, interface standards or interface arrangements linked to the financial services sector or who is required to do so by data regulations or rules made by virtue of regulations under subsection (1)(a) or (b).”
“New Clause 28 The FCA and financial services interfaces “(1) The Treasury may by regulations make provision enabling or requiring the Financial Conduct Authority (“the FCA”) to make rules— (a) requiring financial services providers described in the regulations to use a prescribed interface, or prescribed interface standards or interface arrangements, when providing or receiving customer data or business data which is required to be provided by or to the financial services provider by data regulations; (b) requiring persons described in the regulations to use a prescribed interface, or prescribed interface standards or interface arrangements, when the person, in the course of a business, receives, from a financial services provider, customer data or business data which is required to be provided to the person by data regulations; (c) imposing interface-related requirements on a description of person falling within subsection (2), and such rules are referred to in this Part as “FCA interface rules”.”
“(7) In subsection (4)(b) and (c), the references to assistance include actual or contingent financial assistance (such as, for example, a grant, loan, guarantee or indemnity or buying a company’s share capital).”— (Sir John Whittingdale.) This new clause enables regulations under Part 3 to make provision about bodies providing facilities or services used for providing, publishing or processing customer data or business data, or setting standards or making other arrangements in connection with such facilities or services. Brought up, read the First and Second time, and added to the Bill.”
“(5) The monitoring powers that may be conferred on an interface body include power to require the provision of documents or information (but such powers are subject to the restrictions in section 72 as well as any restrictions included in the regulations). (6) Examples of facilities or services referred to in subsection (1) include dashboard services, other electronic communications services and application programming interfaces.”
“(3) The regulations may— (a) require a data holder, an authorised person or a third party recipient to set up an interface body; (b) make provision about the type of body to be set up. (4) In relation to an interface body (whether or not it is required to be set up by regulations under section 66 or 68), the regulations may— (a) make provision about the body’s composition and governance; (b) make provision requiring a data holder, an authorised person or a third party recipient to provide, or arrange for, assistance for the body; (c) impose other requirements relating to the body on a person required to set it up or to provide, or arrange for, assistance for the body; (d) make provision requiring the body to carry on all or part of a task described in subsection (1); (e) make provision requiring the body to do other things in connection with its interface, interface standards or interface arrangements; (f) make provision about how the body carries out its functions (such as, for example, provision about the body’s objectives or matters to be taken into account by the body); (g) confer powers on the body for the purpose of monitoring use of its interface, interface standards or interface arrangements (“monitoring powers”) (and see section 71 for provision about enforcement of requirements imposed in exercise of those powers); (h) make provision for the body to arrange for its monitoring powers to be exercised by another person; (i) make provision about the rights of persons affected by the exercise of the body’s functions under the regulations, including (among other things)— (i) provision about the review of decisions made in exercise of those functions; (ii) provision about appeals to a court or tribunal; (j) make provision about complaints, including provision requiring the body to implement procedures for the handling of complaints; (k) make provision enabling or requiring the body to publish, or provide to a specified person, specified documents or information relating to its interface, interface standards or interface arrangements; (l) make provision enabling or requiring the body to produce guidance about how it proposes to exercise its functions under the regulations, to publish the guidance and to provide copies to specified persons.”
“Brought up, read the First and Second time, and added to the Bill. New Clause 27 Interface bodies “(1) This section is about the provision that regulations under section 66 or 68 may (among other things) contain about bodies with one or more of the following tasks— (a) establishing a facility or service used, or capable of being used, for providing, publishing or otherwise processing customer data or business data or for taking action described in section 66(3) (an “interface”); (b) setting standards (“interface standards”), or making other arrangements (“interface arrangements”), for use by other persons when establishing, maintaining or managing an interface; (c) maintaining or managing an interface, interface standards or interface arrangements. (2) Such bodies are referred to in this Part as “interface bodies”.”
“(2) In sub-paragraph (1), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data Protection and Digital Information Act 2024 (“the DVS register”). (3) Regulations under paragraph 5(6)(b) or (c) which prescribe a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to prescribed services (see section (Supplementary notes) of the Data Protection and Digital Information Act 2024).””— (Sir John Whittingdale.) This amendment contains amendments of powers to make subordinate legislation so they can be exercised so as to make provision by reference to persons registered in the DVS register established under Part 2 of the Bill.”
“(1C) An order prescribing requirements for the purposes of this Chapter which prescribes a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to prescribed services (see section (Supplementary notes) of the Data Protection and Digital Information Act 2024).” (3) In Schedule 6 to the Immigration Act 2016 (illegal working compliance orders etc), after paragraph 5 insert— “Prescribed checks and documents 5A (1) Regulations under paragraph 5(6)(b) or (c) may, in particular— (a) prescribe checks carried out using services provided by a DVS-registered person or a DVS-registered person of a prescribed description; (b) prescribe documents generated by such a person; (c) prescribe documents which were provided to such a person in order to generate such documents.”
“(1B) In subsections (1) and (1A), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data Protection and Digital Information Act 2024 (“the DVS register”).”
“(10) An order under subsection (3) which specifies a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to specified services (see section (Supplementary notes) of the Data Protection and Digital Information Act 2024).” (2) In section 34 of the Immigration Act 2014 (requirements which may be prescribed for the purposes of provisions about occupying premises under a residential tenancy agreement)— (a) in subsection (1)— (i) in paragraph (a), after “occupiers” insert “, a DVS-registered person or a DVS-registered person of a prescribed description”, (ii) in paragraph (b), after “occupiers” insert “, a DVS-registered person or a DVS-registered person of a prescribed description”, and (iii) in paragraph (c), at the end insert “, including steps involving the use of services provided by a DVS-registered person or a DVS-registered person of a prescribed description”, and (b) after that subsection insert— “(1A) An order prescribing requirements for the purposes of this Chapter which contains provision described in subsection (1)(a) or (b) may, in particular— (a) prescribe a document generated by a DVS-registered person or a DVS-registered person of a prescribed description; (b) prescribe a document which was provided to such a person in order to generate such a document.”
“New Clause 26 Powers relating to verification of identity or status “(1) In section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty for employing a person subject to immigration control), after subsection (7) insert— “(8) An order under subsection (3) containing provision described in subsection (7)(a), (b) or (c) may, in particular— (a) specify a document generated by a DVS-registered person or a DVS-registered person of a specified description; (b) specify a document which was provided to such a person in order to generate such a document; (c) specify steps involving the use of services provided by such a person. (9) In subsection (8), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data Protection and Digital Information Act 2024 (“the DVS register”).”
“Term Provision accredited conformity assessment body section 50(7) approved supplementary code section (Approval of a supplementary code)(6) designated supplementary code section (Designation of a supplementary code)(3) digital verification services section 48(2) the DVS register section 50(2) the DVS trust framework section 49(2)(a) the main code section 49(2)(b) recognised supplementary code section (List of recognised supplementary codes)(2) supplementary code section 49(2)(c) supplementary note section (Supplementary notes)(6)” — (Sir John Whittingdale.) This amendment provides an index of terms which are defined in Part 2. Brought up, read the First and Second time, and added to the Bill.”
“Brought up, read the First and Second time, and added to the Bill. New Clause 25 Index of defined terms for Part 2 “The Table below lists provisions that define or otherwise explain terms defined for the purposes of this Part of this Act.”
“(4) This subsection applies if— (a) the supplementary code to which the certificate relates has been revised since the certificate was issued, (b) the certificate was issued before the revision to the supplementary code took effect, and (c) the supplementary code (as revised) provides— (i) that certificates issued before the time the revision takes effect are required to be ignored, or (ii) that such certificates are to be ignored from a date, or from the end of a period, specified in the code and that date has passed or that period has elapsed.”— (Sir John Whittingdale.) This amendment places the Secretary of State under a duty to amend a supplementary note on the DVS register relating to a person, in certain circumstances, to remove reference to certain services from the note.”
“(2) The Secretary of State must amend the supplementary note so it no longer records (as the case maA24y be)— (a) the service or services mentioned in a request described in subsection (1)(a), (b) the service or services which the person has ceased to provide, or (c) the service or services for which there is no longer a certificate as described in subsection (1)(c). (3) For the purposes of subsection (1)(c), a certificate is to be ignored if— (a) it has expired in accordance with its terms, (b) it has been withdrawn by the body that issued it, or (c) subsection (4) applies.”
“New Clause 24 Duty to remove services from supplementary notes “(1) Where a person has a supplementary note included in their entry in the DVS register in respect of digital verification services, subsection (2) applies if the person— (a) asks for the register to be amended so that the note no longer records one or more of those services, (b) ceases to provide one or more of the services recorded in the note, or (c) no longer holds a certificate from an accredited conformity assessment body certifying that all of the services included in the note are provided in accordance with a supplementary code.”
“(3) This subsection applies if— (a) the supplementary code to which the certificate relates has been revised since the certificate was issued, (b) the certificate was issued before the revision to the supplementary code took effect, and (c) the supplementary code (as revised) provides— (i) that certificates issued before the time the revision takes effect are required to be ignored, or (ii) that such certificates are to be ignored from a date, or from the end of a period, specified in the code and that date has passed or that period has elapsed.”— (Sir John Whittingdale.) This amendment sets out the circumstances in which the Secretary of State must remove a supplementary note from the DVS register. Brought up, read the First and Second time, and added to the Bill.”
“(2) For the purposes of subsection (1)(c) and (d), a certificate is to be ignored if— (a) it has expired in accordance with its terms, (b) it has been withdrawn by the body that issued it, or (c) subsection (3) applies.”
“New Clause 23 Duty to remove supplementary notes from the DVS register “(1) The Secretary of State must remove a supplementary note included in the entry in the DVS register relating to a person if— (a) the person asks for the note to be removed, (b) the person ceases to provide all of the digital verification services to which the note relates, (c) the person no longer holds a certificate from an accredited conformity assessment body certifying that at least one of those digital verification services is provided in accordance with the supplementary code, or (d) the person continues to hold a certificate described in paragraph (c) but the supplementary code is not a recognised supplementary code.”
“(3) For the purposes of subsection (1)(c), a certificate is to be ignored if— (a) it has expired in accordance with its terms, (b) it has been withdrawn by the body that issued it, or (c) it is required to be ignored by reason of provision included in the DVS trust framework under section 49(10).”— (Sir John Whittingdale.) This amendment places the Secretary of State under a duty to amend the DVS register, in certain circumstances, to record that a person is no longer registered in respect of certain services. Brought up, read the First and Second time, and added to the Bill.”
“(2) The Secretary of State must amend the register to record that the person is no longer registered in respect of (as the case may be)— (a) the service or services mentioned in a request described in subsection (1)(a), (b) the service or services which the person has ceased to provide, or (c) the service or services for which there is no longer a certificate as described in subsection (1)(c).”
“Brought up, read the First and Second time, and added to the Bill. New Clause 22 Duty to remove services from the DVS register “(1) Where a person is registered in the DVS register in respect of digital verification services, subsection (2) applies if the person— (a) asks for the register to be amended so that the person is no longer registered in respect of one or more of those services, (b) ceases to provide one or more of those services, or (c) no longer holds a certificate from an accredited conformity assessment body certifying that all of those services are provided in accordance with the main code.”
“(4) This subsection applies if— (a) the recognised supplementary code to which the certificate relates has been revised since the certificate was issued, (b) the certificate was issued before the revision to the supplementary code took effect, and (c) the supplementary code (as revised) provides— (i) that certificates issued before the time the revision takes effect are required to be ignored, or (ii) that such certificates are to be ignored from a date, or from the end of a period, specified in the code and that date has passed or that period has elapsed.”— (Sir John Whittingdale.) This amendment provides for a person to add services to their supplementary note in the DVS register and requires the Secretary of State to amend the note to record that a person is registered in respect of the additional services.”
“(2) The Secretary of State must amend the note to record that the person also provides the additional services referred to in subsection (1) in accordance with the recognised supplementary code referred to in that subsection. (3) For the purposes of subsection (1)(c), a certificate is to be ignored if— (a) it has expired in accordance with its terms, (b) it has been withdrawn by the body that issued it, or (c) subsection (4) applies.”
“New Clause 21 Addition of services to supplementary notes “(1) Subsection (2) applies if— (a) a person has a supplementary note included in the DVS register, (b) the person applies for the note to be amended to record additional digital verification services that the person provides in accordance with a recognised supplementary code, (c) the person holds a certificate from an accredited conformity assessment body certifying that the person provides the additional services in accordance with the recognised supplementary code referred to in paragraph (b), (d) the application complies with any requirements imposed by a determination under section 51, and (e) the person pays any fee required to be paid by a determination under section 52(1).”
“(6) In this Part, a note included in the DVS register in accordance with subsection (2) is referred to as a supplementary note.”— (Sir John Whittingdale.) This amendment provides for a person to apply for a note to be included in the DVS register that they provide digital verification services in accordance with a recognised supplementary code. Brought up, read the First and Second time, and added to the Bill.”
“(5) This subsection applies if— (a) the recognised supplementary code to which the certificate relates has been revised since the certificate was issued, (b) the certificate was issued before the revision to the supplementary code took effect, and (c) the supplementary code (as revised) provides— (i) that certificates issued before the time the revision takes effect are required to be ignored, or (ii) that such certificates are to be ignored from a date, or from the end of a period, specified in the code and that date has passed or that period has elapsed.”
“(2) The Secretary of State must include a note in the entry relating to the person in the DVS register recording that the person provides, in accordance with the recognised supplementary code referred to in subsection (1), the services in respect of which the person made the application referred to in that subsection. (3) The Secretary of State may not otherwise include a note described in subsection (2) in the DVS register. (4) For the purposes of subsection (1)(a), a certificate is to be ignored if— (a) it has expired in accordance with its terms, (b) it has been withdrawn by the body that issued it, or (c) subsection (5) applies.”
“New Clause 20 Supplementary notes “(1) Subsection (2) applies if— (a) a person holds a certificate from an accredited conformity assessment body certifying that digital verification services provided by the person are provided in accordance with a recognised supplementary code, (b) the person applies for a note about one or more of the services to which the certificate relates to be included in the entry relating to that person in the DVS register, (c) the application complies with any requirements imposed by a determination under section 51, and (d) the person pays any fee required to be paid by a determination under section 52(1).”
“(3) For the purposes of subsection (1)(c), a certificate is to be ignored if— (a) it has expired in accordance with its terms, (b) it has been withdrawn by the body that issued it, or (c) it is required to be ignored by reason of provision included in the DVS trust framework under 49(10).”— (Sir John Whittingdale.) This amendment provides for a person to apply to add services to their entry in the DVS register and requires the Secretary of State to amend the register to record that a person is registered in respect of the additional services. Brought up, read the First and Second time, and added to the Bill.”
“New Clause 19 Registration of additional services “(1) Subsection (2) applies if— (a) a person is registered in the DVS register, (b) the person applies for their entry in the register to be amended to record additional digital verification services that the person provides in accordance with the main code, (c) the person holds a certificate from an accredited conformity assessment body certifying that the person provides the additional services in accordance with the main code, (d) the application complies with any requirements imposed by a determination under section 51, and (e) the person pays any fee required to be paid by a determination under section 52(1). (2) The Secretary of State must amend the DVS register to record that the person is also registered in respect of the additional services referred to in subsection (1).”
“Brought up, read the First and Second time, and added to the Bill. New Clause 18 Removal of designation “(1) The Secretary of State may determine to remove the designation of a supplementary code. (2) A determination must— (a) be published, and (b) specify when the designation is to be removed, which must be a time after the end of the period of 21 days beginning with the day on which the determination is published.”— (Sir John Whittingdale.) This amendment enables the Secretary of State to determine that a designated supplementary code should cease to be designated. Brought up, read the First and Second time, and added to the Bill.”
“(2) Before the day on which the approval is withdrawn, the Secretary of State must inform the person who gave the notice of when it will be withdrawn. (3) The Secretary of State may determine— (a) the form of a notice, (b) the information to be contained in or provided with the notice, (c) the documents to be provided with the notice, (d) the manner in which the notice is to be submitted, (e) who may give the notice. (4) A determination may make different provision for different purposes. (5) The Secretary of State must publish a determination. (6) The Secretary of State may revise a determination. (7) If the Secretary of State revises a determination the Secretary of State must publish the determination as revised.”— (Sir John Whittingdale.) This amendment enables a supplementary code to be “de-approved”, on request.”
“(9) If the Secretary of State revises a determination the Secretary of State must publish the determination as revised.”— (Sir John Whittingdale.) This amendment enables the Secretary of State to determine that a fee is payable for approval/re-approval/continued approval of a supplementary code and the amount of such a fee. Brought up, read the First and Second time, and added to the Bill. New Clause 17 Request for withdrawal of approval “(1) The Secretary of State must withdraw approval of a supplementary code if— (a) the Secretary of State receives a notice requesting the withdrawal of approval of the supplementary code, and (b) the notice complies with any requirements imposed by a determination under subsection (3).”
“(3) The Secretary of State may determine that a fee is payable to the Secretary of State, of an amount and at times specified in the determination, in connection with the continued approval of a supplementary code. (4) A determination under subsection (3)— (a) may specify an amount which exceeds the administrative costs associated with the continued approval of a supplementary code, and (b) must specify, or describe, who must pay the fee. (5) A fee payable under subsection (3) is recoverable summarily (or, in Scotland, recoverable) as a civil debt. (6) A determination may make different provision for different purposes. (7) The Secretary of State must publish a determination. (8) The Secretary of State may revise a determination.”
“(5) If the Secretary of State revises a determination the Secretary of State must publish the determination as revised.”— (Sir John Whittingdale.) This amendment enables the Secretary of State to determine the process for making a valid application for approval of a supplementary code. Brought up, read the First and Second time, and added to the Bill. New Clause 16 Fees for approval, re-approval and continued approval “(1) The Secretary of State may determine that a person who applies for approval or re-approval of a supplementary code under section (Approval of a supplementary code) must pay a fee to the Secretary of State of an amount specified in the determination. (2) A determination under subsection (1) may specify an amount which exceeds the administrative costs of determining the application for approval or re-approval.”
“New Clause 15 Applications for approval and re-approval “(1) The Secretary of State may determine— (a) the form of an application for approval or re-approval under section (Approval of a supplementary code), (b) the information to be contained in or provided with the application, (c) the documents to be provided with the application, (d) the manner in which the application is to be submitted, and (e) who may make the application. (2) A determination may make different provision for different purposes. (3) The Secretary of State must publish a determination. (4) The Secretary of State may revise a determination.”
“(6) The Secretary of State may revise a designated supplementary code only if the Secretary of State is satisfied that the code, in its revised form, meets the conditions set out in the DVS trust framework (so far as relevant). (7) If a designated supplementary code is revised, the code before and after the revision are treated as the same code for the purposes of this Part.”— (Sir John Whittingdale.) This amendment sets out the consequences where there are changes to a recognised supplementary code and, in particular, what needs to be done for the code to remain a recognised supplementary code. Brought up, read the First and Second time, and added to the Bill.”
“(2) This subsection applies if the supplementary code, in its revised form, has been approved under section (Approval of a supplementary code). (3) If subsection (2) applies the approved supplementary code, in its revised form, remains an approved supplementary code. (4) This subsection applies for so long as— (a) a decision is pending under section (Approval of a supplementary code) on an application for approval of the supplementary code in its revised form, and (b) the revisions to the code have not taken effect. (5) If subsection (4) applies the supplementary code, in its unrevised form, remains an approved supplementary code.”
“(8) Section (Approval of a supplementary code) applies to re-approval of a supplementary code as it applies to approval of such a code.”— (Sir John Whittingdale.) This amendment provides that when conditions for approval or designation are changed this requires re-approval of an approved supplementary code and, in the case of a designated supplementary code, a re-assessment of whether the code meets the revised conditions. Brought up, read the First and Second time, and added to the Bill. New Clause 14 Revision of a recognised supplementary code “(1) If an approved supplementary code is revised— (a) the code before and after the revision are treated as the same code for the purposes of this Part, and (b) the code ceases to be an approved supplementary code unless subsection (2) or (4) applies.”
“(5) If, on a review under subsection (4), the Secretary of State determines that a designated supplementary code does not meet the conditions as changed, the code ceases to be a designated supplementary code at the end of the relevant period. (6) A supplementary code is affected by a change if the change alters, or adds, a condition which is or would be relevant to the supplementary code when deciding whether to approve it under section (Approval of a supplementary code) or designate it under section (Designation of a supplementary code). (7) In this section “the relevant period” means the period of 21 days beginning with the day on which the DVS trust framework containing the change referred to in subsection (1) comes into force.”
“New Clause 13 Change to conditions for approval or designation “(1) This section applies if the Secretary of State revises the DVS trust framework so as to change the conditions which must be met for the approval or designation of a supplementary code. (2) An approved supplementary code which is affected by the change ceases to be an approved supplementary code at the end of the relevant period unless an application for re-approval of the code is made within that period. (3) Pending determination of an application for re-approval the supplementary code remains an approved supplementary code. (4) Before the end of the relevant period the Secretary of State must— (a) review each designated supplementary code which is affected by the change (if any), and (b) determine whether it meets the conditions as changed.”
“Brought up, read the First and Second time, and added to the Bill. New Clause 12 List of recognised supplementary codes “(1) The Secretary of State must— (a) maintain a list of recognised supplementary codes, and (b) make the list publicly available. (2) For the purposes of this Part, each of the following is a ‘recognised supplementary code’— (a) an approved supplementary code, and (b) a designated supplementary code.”— (Sir John Whittingdale.) This amendment places the Secretary of State under a duty to publish, and keep up to date, a list of supplementary codes that are designated or approved. Brought up, read the First and Second time, and added to the Bill.”
“(2) If the Secretary of State determines that the supplementary code meets the conditions set out in the DVS trust framework (so far as relevant), the Secretary of State may designate the code as one which complies with the conditions. (3) In this Part, a ‘designated supplementary code’ means a supplementary code for the time being designated under this section. (4) For when a code ceases (or may cease) to be designated under this section, see sections (Change to conditions for approval or designation), (Revision of a recognised supplementary code) and (Removal of designation).”— (Sir John Whittingdale.) This enables the Secretary of State to designate a supplementary code of the Secretary of State as one which complies with the conditions set out in the DVS trust framework.”
“(4) The Secretary of State may not otherwise approve a supplementary code. (5) In this Part, an “approved supplementary code” means a supplementary code for the time being approved under this section. (6) For when a code ceases (or may cease) to be approved under this section, see sections (Change to conditions for approval or designation), (Revision of a recognised supplementary code) and (Request for withdrawal of approval).”— (Sir John Whittingdale.) This amendment sets out when a supplementary code of someone other than the Secretary of State must be approved by the Secretary of State. Brought up, read the First and Second time, and added to the Bill. New Clause 11 Designation of a supplementary code “(1) This section applies to a supplementary code whose content is for the time being determined by the Secretary of State.”
“New Clause 10 Approval of a supplementary code “(1) This section applies to a supplementary code whose content is for the time being determined by a person other than the Secretary of State. (2) The Secretary of State must approve the supplementary code if— (a) the code meets the conditions set out in the DVS trust framework (so far as relevant), (b) an application for approval of the code is made which complies with any requirements imposed by a determination under section (Applications for approval and re-approval), and (c) the applicant pays any fee required to be paid by a determination under section (Fees for approval, re-approval and continued approval)(1). (3) The Secretary of State must notify an applicant in writing of the outcome of an application for approval.”
“(4) Where the question in subsection (1) relates to a right under a provision listed in subsection (1)(a), (c) or (d), this section does not confer power on the court to require the controller to carry out a search for information that is more extensive than the reasonable and proportionate search required by that provision.’”— (Sir John Whittingdale.) This new clause makes provision about courts’ powers to require information to be provided to them, and to a data subject, when determining whether a data subject is entitled to information under certain provisions of the data protection legislation. Brought up, read the First and Second time, and added to the Bill.”