(i) for “ the controller or processor ” (in each place) there were substituted “the person” ;
(ii) in paragraph (c), for the words from “data subjects” to the end there were substituted “subscribers or users” ;
(iii) in paragraph (d), for the words “in accordance with section 57, 66, 103 or 107” there were substituted “with a view to securing compliance with the requirements of the PEC Regulations” ;
(iv) paragraph (g) were omitted;
(v) in paragraph (j), the words “or certification mechanism” were omitted;
(e) subsection (4) were omitted;
(f) after subsection (4) there were inserted—
“ (4A) If a penalty notice is given to a body in respect of a failure to comply with any of regulations 19 to 24 of the PEC Regulations, the Commissioner may also give a penalty notice to an officer of the body if the Commissioner is satisfied that the failure—
(a) took place with the consent or connivance of the officer, or
(b) was attributable to any neglect on the part of the officer.
(4B) In subsection (4A) —
“ body ” means a body corporate or a Scottish partnership;
“ officer ”, in relation to a body, means— (a) in relation to a body corporate— (i) a director, manager, secretary or other similar officer of the body or any person purporting to act in such capacity, and (ii) where the affairs of the body are managed by its members, a member; or (b) in relation to a Scottish partnership, a partner or any person purporting to act as a partner. ” ;
(g) subsections (6) to (8) were omitted.
Modification of Schedule 16 (penalties)
16. Schedule 16 has effect as if paragraphs 3(2)(b) and 5(2)(b) were omitted.
Modification of section 156 (penalty notices: restrictions)
17. (1) Section 156 has effect as if subsections (1), (2), (4)(b) and (5) were omitted.
(2) In that section, subsection (3) has effect as if for the words from “controller” to “determined by or” there were substituted “penalty notice to a person who acts” .
Modification of section 157 (maximum amount of penalty)
18. Section 157 has effect as if—
(a) subsection (1) were omitted;
(i) for “Part 3 of this Act” there were substituted “the PEC Regulations” ;
(ii) in paragraph (a), for the words from “section 35” to “or 78” there were substituted “regulation 5, 6, 7, 8, 14, 19, 20, 21, 21A, 21B, 22, 23 or 24” ;
(c) subsections (3) and (4A) were omitted;
(d) after subsection (4A) there were inserted—