The Data (Use and Access) Act 2025 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2026
Abolished the office of the Information Commissioner and transferred all regulatory functions to the Information Commission effective September 2026.
These Regulations bring into force provisions of the Data (Use and Access) Act 2025 that abolish the office of the Information Commissioner and transfer its functions to a new body known as the Information Commission.
Taking effect on 30 September 2026, the instrument establishes legal continuity, ensuring that any ongoing proceedings or actions involving the Commissioner are inherited by the Commission.
The regulations apply to the Information Commission, the Department for Digital, Culture, Media and Sport, and any parties currently engaged in legal or administrative processes with the UK data protection regulator.
Arguments For
The regulations state that the transfer of functions ensures continuity in data protection oversight by treating previous actions of the Commissioner as actions of the Commission.
Proponents within the document framework suggest that the transitional provisions prevent legal or administrative gaps during the transition from a single corporation sole to a multi-member body.
The document asserts that specific saving provisions for the 2026/27 financial year are necessary to ensure that the Information Commission remains accountable for the financial records of its predecessor.
Arguments Against
Legal commentators might question the complexity of managing ongoing legal proceedings during the transition, despite the general continuity clause.
Affected parties may seek clarity on whether the move from a Commissioner to a Commission will lead to changes in enforcement priorities or decision-making timelines.
Administrative experts could point to potential difficulties in reconciling the final accounts for the 2026/27 financial year when duties are split between a dissolved office and a successor body.
Citation
- These Regulations may be cited as the Data (Use and Access) Act 2025 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2026.
This section establishes the official name of the regulations.
It provides the legal identifier used to reference this specific commencement order in future legal proceedings or documents.
Provisions coming into force on 30th September 2026
- The following provisions of the Data (Use and Access) Act 2025 come into force on 30th September 2026-
- (a) section 117(4)(a) (the Information Commission: omission of section 205(2)(l) of the Data Protection Act 2018);
- (b) section 118 (abolition of the office of Information Commissioner);
- (c) section 119 (transfer of functions to the Information Commission).
This section activates three key parts of the Data (Use and Access) Act 2025 on 30 September 2026.
It removes references to the old office in the 2018 Act, officially dissolves the role of the Information Commissioner, and moves all existing regulatory powers to the Information Commission.
Transitional provision: general continuity
- Any-
- (a) act or omission, or
- (b) other thing (including legal proceedings)-
- (i) done, or
- (ii) which, immediately before 30th September 2026, is in the process of being done,
by or in relation to the Information Commissioner, is to be treated as an act, omission or thing done or in the process of being done, and capable of being continued, by or in relation to the Information Commission.
This provision ensures that there is no interruption in legal or administrative matters during the handover between bodies.
It requires that any ongoing lawsuits, investigations, or official tasks started by the Information Commissioner be treated as if they were started by the new Commission.
Transitional and saving provision relating to the accounts of the Information Commissioner
- Notwithstanding the commencement of section 118 of the Data (Use and Access) Act 2025 by regulation 2(b), in respect of the financial year ending with 31st March 2027, paragraph 11 of Schedule 12 to the Data Protection Act 2018( a ) continues to apply in relation to the accounts of the Information Commissioner except that the duties imposed by that paragraph on the Information Commissioner are to be discharged by the Information Commission.
This section preserves specific accounting requirements for the financial year ending March 2027.
It mandates that the new Information Commission must complete the final financial reporting duties originally assigned to the abolished Information Commissioner's office.
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