England and Wales commercial and regulatory procedures
How long is allowed for representations on a penalty notice of intent?
Specified period of at least 21 days beginning when notice is given. Make written representations within the period specified in the notice. Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations.
- Period
- Specified period of at least 21 days beginning when notice is given
- Trigger
- Giving the notice of intent
- Rule
- Data Protection Act 2018, Schedule 16 paragraphs 3–4
Data Protection Act 2018, Schedule 16 paragraphs 3–4. The retained source governs make written representations within the period specified in the notice. Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations.
Source guide · No automated date
Check the applicable procedure
Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations. Schedule 16 paragraph 3(4) includes the giving event in the minimum. Use the actual notice’s longer period where specified. The actual giving the notice of intent and required completion must be established before using a final date.
Data Protection Act 2018, Schedule 16 paragraphs 3–4What lawyers say
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How long is allowed for representations on a penalty notice of intent?
Specified period of at least 21 days beginning when notice is given. Make written representations within the period specified in the notice. Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations.
Responsible actor. Person receiving a notice of intent.
Giving the notice of intent.
Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations.
Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations.
Data Protection Act 2018, Schedule 16 paragraphs 3–4How does this provision count time?
- Make written representations within the period specified in the notice.
- Schedule 16 paragraph 3(4) includes the giving event in the minimum. Use the actual notice’s longer period where specified.
- Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations.
Schedule 16 paragraph 3(4) includes the giving event in the minimum. Use the actual notice’s longer period where specified.
Schedule 16 paragraph 3(4) includes the giving event in the minimum. Use the actual notice’s longer period where specified. Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations.
Data Protection Act 2018, Schedule 16 paragraphs 3–4Which facts prevent one automatic date?
Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations. Schedule 16 paragraph 3(4) includes the giving event in the minimum. Use the actual notice’s longer period where specified. The actual giving the notice of intent and required completion must be established before using a final date.
The person receiving a notice of intent has established the applicable procedure and giving the notice of intent. Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations. Make written representations within the period specified in the notice. Specified period of at least 21 days beginning when notice is given. No computed final date is supplied.
A proposed completion raises a nonbusiness-day or time-boundary question for make written representations within the period specified in the notice. Schedule 16 paragraph 3(4) includes the giving event in the minimum. Use the actual notice’s longer period where specified. Resolve this boundary under the identified provision and actual completion route. Schedule 16 paragraph 3(4) includes the giving event in the minimum. Use the actual notice’s longer period where specified.
The notice permits written representations for thirty days and separately schedules an oral session. Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations. Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations. No automatic final date follows from this scenario.
Which conditions and exceptions apply?
- Applicable procedure and actual event
- Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations.
- Counting and completion boundary
- Schedule 16 paragraph 3(4) includes the giving event in the minimum. Use the actual notice’s longer period where specified.
- Twenty-one days is the statutory floor. The actual notice can allow longer and can separately arrange oral representations.
- Person receiving a notice of intent. Giving the notice of intent. Make written representations within the period specified in the notice. Schedule 16 paragraph 3(4) includes the giving event in the minimum. Use the actual notice’s longer period where specified.
What must the responsible actor complete?
Questions about this procedure
How long is allowed for representations on a penalty notice of intent?
Is twenty-one days always the deadline?
No. The actual specified period must be at least 21 days.
Data Protection Act 2018, Schedule 16 paragraphs 3–4Does the giving day count towards the minimum?
Paragraph 3(4) uses a period beginning when the notice is given.
Data Protection Act 2018, Schedule 16 paragraphs 3–4Can oral representations have a different timetable?
Yes. Paragraph 3(5) requires the notice to set the arrangements and timing where offered.
Data Protection Act 2018, Schedule 16 paragraphs 3–4Can the regulator issue the penalty before the representation period ends?
Paragraph 4(1) restricts doing so.
Data Protection Act 2018, Schedule 16 paragraphs 3–4Must representations be considered?
Paragraph 4(2) requires consideration of properly made oral or written representations.
Data Protection Act 2018, Schedule 16 paragraphs 3–4Does this determine a penalty payment date?
No. Payment is governed separately by the eventual penalty notice.
Data Protection Act 2018, Schedule 16 paragraphs 3–4Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Data Protection Act 2018, Schedule 16 paragraphs 3–4 | Check the identified procedure, event, counting rule or qualification |