[2003.] Data Protection (Amendment) Act 2003. [No. 6.] (ii) if it does, whether the processing to which this section S.13 applies is likely to comply with the provisions of this Act. (3) Subject to subsection (4) of this section, the Commissioner shall, within the period of 90 days from the day on which he or she receives an application or a request referred to in subsection (2) of this section, serve a notice on the data controller concerned stating the extent to which, in the opinion of the Commissioner, the proposed processing is likely or unlikely to comply with the provisions of this Act. (4) Before the end of the period referred to in subsection (3), the Commissioner may, by reason of special circumstances, extend that period once only, by notice in writing served on the data controller concerned, by such further period not exceeding 90 days as the Commissioner may specify in the notice. (5) If, for the purposes of his or her functions under this section, the Commissioner serves an information notice on the data controller concerned before the end of the period referred to in subsection (3) of this section or that period as extended under subsection (4) of this section— (a) the period from the date of service of the notice to the date of compliance with the requirement in the notice, or (b) if the requirement is set aside under section 26 of this Act, the period from the date of such service to the date of such setting aside, shall be added to the period referred to in the said subsection (3) or that period as so extended as aforesaid. (6) Processing to which this section applies shall not be carried on unless— (a) the data controller has— (i) previously made an application under section 17 of this Act and furnished the information specified in that section to the Commissioner, or (ii) made a request under subsection (2) of this section, and (b) the data controller has complied with any information notice served on him or her in relation to the matter, and (c) (i) the period of 90 days from the date of the receipt of the application or request referred to in subsection (3) of this section (or that period as extended under subsections (4) and (5) of this section or either of them) has elapsed without the receipt by the data controller of a notice under the said subsection (3), or (ii) the data controller has received a notice under the said subsection (3) stating that the particular 31