(7) Regulations under this section are subject to the affirmative procedure.
(8) In this section “ relevant function ” means a function of the Secretary of State conferred by or under this Part (including the function of charging or recovering fees under regulations under section 106E) other than—
(a) a power to make regulations, or
(b) a function under section 106E(4) (specifying of fees etc).
(9) If a person exercises the function of charging or recovering fees by virtue of arrangements under this section, the person must pay the fees to the Secretary of State, except to the extent that the Secretary of State directs otherwise.
Data protection E+W
106I Data protection
(1) A duty or power to process information that is imposed or conferred by or under this Part does not operate to require or authorise the processing of personal data that would contravene the data protection legislation (but in determining whether processing of personal data would do so, that duty or power is to be taken into account).
(2) In this section—
Supplementary provisions E+W
106J Regulations under this Part
(1) In this Part “ prescribed ” means prescribed by regulations made by the Secretary of State.
(2) Regulations under this Part may make—
(a) different provision for different purposes;
(b) supplementary and incidental provision.
(3) Regulations under this Part are to be made by statutory instrument.
(4) Before making regulations under this Part the Secretary of State must obtain the consent of the Welsh Ministers in relation to any provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006).
(5) Where regulations under this Part are subject to “the affirmative procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.
(6) Where regulations under this Part are subject to “the negative procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) Any provision that may be made in regulations under this Part subject to the negative procedure may be made in regulations subject to the affirmative procedure.
106K Interpretation
(1) In this Part the following terms have the same meaning as in Part 3—
“ apparatus ” (see sections 89(3) and 105(1));
“ in ” (in a context referring to apparatus in a street) (see section 105(1));
“ street ” (see section 48(1) and (2));
“ undertaker ” (in relation to apparatus or in a context referring to having apparatus in a street) (see sections 48(5) and 89(4)).