[No. 6.] S.13 Data Protection (Amendment) Act 2003. [2003.] processing proposed to be carried on is likely to comply with the provisions of this Act, or (iii) the data controller— (I) has received a notice under the said subsection (3) stating that, if the requirements specified by the Commissioner (which he or she is hereby authorised to specify) and appended to the notice are complied with by the data controller, the processing proposed to be carried on is likely to comply with the provisions of this Act, and (II) has complied with those requirements. (7) A person who contravenes subsection (6) of this section shall be guilty of an offence. (8) An appeal against a notice under subsection (3) of this section or a requirement appended to the notice may be made to and heard and determined by the Court under section 26 of this Act and that section shall apply as if such a notice and such a requirement were specified in subsection (1) of the said section 26. (9) The Minister, after consultation with the Commissioner, may by regulations amend subsections (3), (4) and (6) of this section by substituting for the number of days for the time being specified therein a different number specified in the regulations. (10) A data controller shall pay to the Commissioner such fee (if any) as may be prescribed in respect of the consideration by the Commissioner, in relation to proposed processing by the data controller, of the matters referred to in paragraphs (i) and (ii) of subsection (2) of this section and different fees may be prescribed in relation to different categories of processing. (11) In this section a reference to a data controller includes a reference to a data processor.’’. Amendment of section 13 (codes of practice) of Principal Act. 14.—(1) Section 13 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (2): ‘‘(2) The Commissioner shall— (a) where a code of practice (referred to subsequently in this section as a code) so prepared is submitted to him or her for consideration, consider the code and, after such consultation with such data subjects or persons representing data subjects and with the relevant trade associations or other bodies aforesaid as appears to him or her to be appropriate— (i) if he or she is of opinion that the code provides for the data subjects concerned a measure of protection with regard to 32