Modification of section 152 (enforcement notices: restrictions)
13. Section 152 has effect as if subsections (1), (2) and (4) were omitted.
Modification of Schedule 15 (powers of entry and inspection)
14. (1) Schedule 15 has effect as if paragraph 3 were omitted.
(2) Paragraph 1(1) of that Schedule (issue of warrants in connection with non-compliance and offences) has effect as if for paragraph (a) (but not the final “and”) there were substituted—
“ (a) there are reasonable grounds for suspecting that—
(i) a person has failed or is failing to comply with a requirement of the PEC Regulations, or
(ii) an offence under section 144, 148, or 148C or paragraph 15 of this Schedule has been or is being committed, ” .
(3) Paragraph 2 of that Schedule (issue of warrants in connection with assessment notices) has effect as if—
(a) in sub-paragraphs (1) and (2), for “controller or processor” there were substituted “person” ;
(b) in sub-paragraph (2), for “the data protection legislation” there were substituted “the PEC Regulations” .
(4) Paragraph 5 of that Schedule (content of warrants) has effect as if—
(a) in sub-paragraph (1)(c), for “the processing of personal data” there were substituted “an activity regulated by the PEC Regulations” ;
(b) in sub-paragraph (2)(d), for the words from “controller or processor” to the end there were substituted “person mentioned in paragraph 1(1)(a) has failed or is failing to comply with a requirement of the PEC Regulations” ;
(c) in sub-paragraph (3)(a) and (d)—
(i) for “controller or processor” there were substituted “person mentioned in paragraph 2(1)” ;
(ii) for “the data protection legislation” there were substituted “the requirements of the PEC Regulations” .
(5) Paragraph 11 of that Schedule (privileged communications) has effect as if, in sub-paragraphs (1)(b) and (2)(b), for “the data protection legislation” there were substituted “the PEC Regulations” .
Modification of section 155 (penalty notices)
15. Section 155 has effect as if—
(i) in paragraph (a), for “as described in section 149(2), (3), (4), (5) or (5A)” there were substituted “to comply with a requirement of the PEC Regulations” ;
(ii) after paragraph (c), there were inserted “ , or
(d) has failed to comply with the prohibition in section 142(8B), ” ;
“ (1A) But the Commissioner may not give a penalty notice to a person in respect of a failure to comply with regulation 5A of the PEC Regulations. ” ;
(c) for subsection (2) there were substituted—
“ (2) When deciding whether to give a penalty notice to a person and determining the amount of the penalty, the Commission must have regard to the matters listed in subsection (3), so far as relevant. ” ;