Data (Use and Access) Act 2025

21 Regulations under this Part: supplementary

(1) Regulations under this Part may (among other things)—

(a) make provision generally or in relation to particular cases;

(b) make different provision for different purposes or areas;

(c) make provision about the form and manner in which things must or may be done;

(d) make provision about the content of requests, notices or other documents;

(e) make provision about the time by which, or period within which, things must or may be done;

(f) make provision by reference to standards, arrangements, specifications or technical requirements as published from time to time;

(g) confer functions on a person, including functions involving the exercise of a discretion, and make provision in connection with the procedure for exercising the functions;

(h) make consequential, supplementary, incidental, transitional, transitory or saving provision.

(2) Regulations under this Part may not require or enable a person to set the maximum amount of a fine for an offence, except that such regulations may make provision about the maximum amount referring to the standard scale, the statutory maximum or a similar amount.

(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).