The Data (Use and Access) Act 2025 (Commencement No. 4) Regulations 2025
These Regulations officially bring into force key provisions of the Data (Use and Access) Act 2025 related to digital verification services across the United Kingdom, setting the commencement date for most of Part 2, excluding sections 45 to 48 which cover public authority information sharing, to 1st December 2025, exercising powers granted under section 142(1) of the same Act.
Arguments For
To provide a clear timeline and legal certainty for the implementation of digital verification services established under the Data (Use and Access) Act 2025.
To facilitate the establishment of the legislative structure for digital verification services operating within the UK subject to government registration, thereby enhancing digital security and interoperability in verification processes.
To ensure that the commencement schedule aligns with the overarching implementation strategy of the Act, following on from previous commencement orders.
Arguments Against
Potential disruption or ambiguity caused by activating most of Part 2 while explicitly excluding sections 45 to 48, which deal with public authority information sharing with registered providers.
Concerns regarding the readiness of relevant bodies and the digital verification service sector to comply with the new requirements by the specified commencement date of 1st December 2025.
The exclusion of information-sharing provisions might hinder the full functionality or impact of the digital verification services framework until those specific sections are also brought into force.
The Secretary of State makes these Regulations in exercise of the power conferred by section 142(1) of the Data (Use and Access) Act 20251.
The Secretary of State is enacting these regulations using authority granted by section 142(1) of the Data (Use and Access) Act 2025.
This establishes the legal basis for issuing these commencement rules.
These Regulations may be cited as the Data (Use and Access) Act 2025 (Commencement No. 4) Regulations 2025.
This states the official short title by which these specific legal instruments are known.
It identifies them as the fourth set of commencement regulations for the 2025 Act.
In so far as not already in force2, Part 2 of the Data (Use and Access) Act 2025 (digital verification services), except sections 45 to 48, comes into force on 1st December 2025.
This provision sets the date for bringing most of Part 2 of the Act into legal effect, meaning the rules for digital verification services will apply from December 1st, 2025.
However, specific sections, numbered 45 through 48, which concern public authorities sharing data with verification providers, are explicitly excluded from this commencement date.
These are the fourth commencement regulations made under the Data (Use and Access) Act 2025 (c. 18) (“the Act”).
This explanatory note confirms that the instrument represents the fourth stage of bringing the Data (Use and Access) Act 2025 into force.
It defines 'the Act' for the remainder of the note.
Regulation 2 brings into force most of Part 2 of the Act (digital verification services), which establishes a legislative structure for the provision of digital verification services in the United Kingdom, where those services apply to be registered on a government register. It does not bring into force sections 45 to 48 (which deal with public authorities sharing information with registered digital verification service providers).
The main effect of Regulation 2 is to introduce the legal framework for digital verification services that seek registration with the government within the UK.
Crucially, it confirms that sections 45 to 48, dealing with how public bodies can share information with these registered providers, remain uncommenced at this time.
An impact assessment has not been prepared for this instrument as a full impact assessment was published in relation to the provisions in the Data (Use and Access) Bill. Copies can be obtained from the UK Government website at https://www.gov.uk/government/publications/data-use-and-access-bill-supporting-documents or from the Department for Science, Innovation and Technology at 22-26 Whitehall, London, SW1A 2EG, United Kingdom.
A new impact assessment was not created specifically for these commencement regulations.
This is because a comprehensive assessment was already completed and published regarding the provisions when they were part of the Data (Use and Access) Bill.
The following provisions of the Data (Use and Access) Act 2025 (c. 18) have been brought into force, so far as they were not already in force (see section 142(2)(h) of that Act), by commencement regulations made before the date of these Regulations.
This historical note details which parts of the 2025 Act were already made effective through previous commencement regulations before these current regulations were issued.
It references section 142(2)(h) of the Act as the source of the authority for those earlier orders.
Provision | Date of Commencement | S.I. No. |
|---|---|---|
Part 1 | 20th August 2025 | |
section 72 (partially) | 20th August 2025 | |
section 74 | 20th August 2025 | |
section 79 | 5th September 2025 | |
section 84 | 20th August 2025 | |
section 88 | 5th September 2025 | |
sections 89 to 90 | 17th November 2025 | |
sections 91 to 93 | 20th August 2025 | |
section 95 | 20th August 2025 | |
section 102 | 20th August 2025 | |
section 104 | 20th August 2025 | |
sections 106 to 109 | 20th August 2025 | |
section 110 (partially) | 20th August 2025 | |
section 111 | 20th August 2025 | |
section 113 | 20th August 2025 | |
section 117 (partially) | 20th August 2025 | |
section 124 | 30th September 2025 | |
section 125 | 20th August 2025 | |
section 129 | 20th August 2025 | |
sections 134 to 137 | 20th August 2025 | |
Schedule 11 (partially) | 20th August 2025 | |
Schedule 14 | 20th August 2025 |
This table provides a historical record of various sections and parts of the Data (Use and Access) Act 2025 that preceding commencement regulations have already brought into force.
It lists the specific provision, the date it commenced, and the Statutory Instrument (S.I. number) that authorized that commencement.
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