WEBVTT

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So here we're going to look at
the commencement section of an

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Act.

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Not all sections come into force
on the day the Act is passed,

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and so there will be a specific
section that sets out when the

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different sections of the Act
are going to come into force.

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This is usually towards the
bottom of the Act.

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So we're at the Data Protection
Act and as we get close to the

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end, we can see that we've got
Section 212, which is called

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Commencement.

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So the Commencement section will
set out when the different

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sections of the Act are going to
come into force.

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And we can see from subsection (1)
here that this Act is going to

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come into force on such a day as
the Secretary of State made by

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regulations appoint, except for
those sections provided by

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subsections (2) and (3).

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So most of the sections of this
Act are going to wait until the

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Secretary of State has made some
regulations bringing these

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sections into force.

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But some of the sections need to
come into force a bit earlier

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than that.

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So we can see from subsection (2)
here that this section, section

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212 and the provisions mentioned
in (a) to (f) here are going to come

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into force the day the Act is
passed.

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And if you remember, the date
the Act is passed is the date

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of Royal Assent.

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So if we went back to our Act
and we went up and we looked at

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in our Introductory text and we
found the date of Royal Assent,

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which was the 23rd of May 2018,
then we know that a number of

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sections came into force on that
particular date.

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All of those ones that were
mentioned at section 212,

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subsection (2).

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So these are the ones that came
into force in that date in May.

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We've also got in subsection (3),
it talks about some provisions

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coming into force at the end of
the period of two months

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beginning when the date of the
Act is passed.

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So this is quite
straightforward.

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You find the date of Royal
Assent and then you add two

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months onto that.

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And then in subsection (4),
regulations can be passed making

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different provision for
different areas.

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So it's a bit like doing a
jigsaw puzzle at times.

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If not all the sections are
coming into force on the same

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day, you kind of have to look at
what the section says is when

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it's expected to come into
force.

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And very often that is in
relation to the date of Royal

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Assent.

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If it's not, if it's about
secondary legislation that's

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being passed, then you have to
do further research to find that

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secondary legislation.

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Where that is the case, it's
often simpler to use a

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subscription source if you have
one, such as Lexis Library or

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Westlaw, because in the notes
they often say when the

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individual sections came into
force.