(4) After paragraph (4) insert—
“ (5) In this regulation, “ charity ” means—
(a) a charity as defined in section 1(1) of the Charities Act 2011,
(b) a charity as defined in section 1(1) of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.)) , including an institution treated as such a charity for the purposes of that Act by virtue of the Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2013 (S.R. (N.I.) 2013 No. 211 ), and
(c) a body entered in the Scottish Charity Register, other than a body which no longer meets the charity test in section 7 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ,
and, in relation to such a charity, institution or body, “ charitable purpose ” has the meaning given in the relevant Act. ”
I210 S. 114 not in force at Royal Assent, see s. 142(1)
I211 S. 114 in force at 5.2.2026 by S.I. 2026/82 , reg. 2(x)
115 Commissioner’s enforcement powers U.K.
(1) The PEC Regulations are amended in accordance with subsections (2) to (8).
(2) In regulation 5 (security of public electronic communications services), omit paragraph (6).
(3) Omit regulation 5B (personal data breach: audit).
(4) In regulation 5C (personal data breach: fixed monetary penalty)—
(a) in paragraph (10)—
(i) omit “and Northern Ireland”, and
(ii) in paragraph (a), for “a county court” substitute “the county court” , and
(b) after paragraph (11) insert—
“ (12) In Northern Ireland, the penalty is recoverable—
(a) if a county court so orders, as if it were payable under an order of that court;
(b) if the High Court so orders, as if it were payable under an order of that court.
(13) The Secretary of State may by regulations made by statutory instrument amend this regulation so as to substitute a different amount for the amount for the time being specified in paragraph (2) or (5).
(14) Regulations under paragraph (13) may make transitional provision.
(15) Before making regulations under paragraph (13), the Secretary of State must consult—
(16) A statutory instrument containing regulations under this regulation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. ”
(5) For regulation 31 substitute—