(3) Regulations under this Part may not require or enable a person to set the amount or maximum amount of, or of an increase in, a penalty or fee or to set the method for determining such an amount, except as provided by subsection (4) and sections 11(9), 15 and 16.
(4) Regulations under this Part—
(a) may make provision about the amount or method described in subsection (3) referring to a published index, and
(b) may require or enable a person to make decisions, in accordance with a maximum amount or method set out in the regulations, about the amount of, or of an increase or reduction in, a penalty or fee payable in a particular case.
(5) Regulations under this Part making the following types of provision may amend, repeal or revoke primary legislation—
(a) provision about the handling of complaints;
(b) provision about the resolution of disputes;
(c) provision about appeals;
(d) provision described in subsection (1)(h).
I41 S. 21 in force at Royal Assent for specified purposes, see s. 142(1)(2) (h)
I42 S. 21 in force at 20.8.2025 in so far as not already in force by S.I. 2025/904 , reg. 2(a)
22 Regulations under this Part: Parliamentary procedure and consultation U.K.
(1) The following regulations under this Part are subject to the affirmative resolution procedure—
(a) the first regulations under each of section 2(1), (3) and (4) making provision about a particular description of customer data,
(b) the first regulations under each of section 4(1), (3) and (4) making provision about a particular description of business data,
(c) regulations under section 2 or 4 which make the requirements of regulations under this Part more onerous for data holders or interface bodies,
(d) regulations under section 6(5), 7, 8, 11, 12, 14, 16, 17 or 18, and
(e) regulations described in section 21(5) which amend, repeal or revoke primary legislation.
(2) Other regulations under this Part are subject to the negative resolution procedure.
(3) Before making regulations described in subsection (1), the Secretary of State or the Treasury (as the case may be) must consult such of the following as the Secretary of State or the Treasury considers appropriate—
(a) persons likely to be affected by the regulations or representatives of such persons;
(b) sectoral regulators with functions in relation to data holders likely to be affected by the regulations.
(4) The requirement in subsection (3) may be satisfied by consultation undertaken before the day on which this Act is passed.
I43 S. 22 in force at Royal Assent for specified purposes, see s. 142(1)(2) (h)
I44 S. 22 in force at 20.8.2025 in so far as not already in force by S.I. 2025/904 , reg. 2(a)