Legislation – Data (Use and Access) Act 2025

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Part 1Access to customer data and business data

Fees etc and financial assistance

11Fees

(1)

The Secretary of State or the Treasury may by regulations—

(a)

make provision enabling a person listed in subsection (2), or a person acting on their behalf, to require other persons to pay fees in connection with activities described in subsection (3), and

(b)

make provision about what must or may be done with amounts paid as fees.

(2)

Those persons are—

(a)

data holders;

(b)

decision-makers;

(c)

interface bodies;

(d)

enforcers;

(e)

other persons on whom duties are imposed, or powers are conferred, by or under regulations made under this Part.

(3)

Those activities are performing duties, or exercising powers, imposed or conferred on the person listed in subsection (2) by or under regulations made under this Part.

(4)

Regulations under subsection (1)—

(a)

may only provide for a fee to be payable by persons that appear to the Secretary of State or the Treasury to be capable of being directly affected by the performance of duties, or the exercise of powers, imposed or conferred by or under regulations made under this Part;

(b)

may provide for the amount of a fee to be an amount which is intended to exceed the cost of the things in connection with which the fee is charged (and for the total amount of fees payable in connection with things to exceed the total cost).

(5)

Regulations under subsection (1) must provide for the amount of a fee to be—

(a)

a specified amount or an amount determined in accordance with the regulations, or

(b)

an amount not exceeding such an amount,

unless section 15 confers power to provide otherwise.

(6)

Regulations under subsection (1) may provide for the amount, or maximum amount, of a fee to increase at specified times and by—

(a)

a specified amount or an amount determined in accordance with the regulations, or

(b)

an amount not exceeding such an amount.

(7)

Regulations under subsection (1) enabling a person to determine the amount of a fee must require the person to publish information about the amount and how it is determined.

(8)

Regulations under subsection (1) may (among other things) make provision about—

(a)

interest on any unpaid amounts;

(b)

the recovery of unpaid amounts.

(9)

The Secretary of State or the Treasury may by regulations make provision about whether a person listed in subsection (2), or a person acting on their behalf, who could require payment in connection with an activity described in subsection (3) otherwise than in reliance on regulations under subsection (1) may do so.

(10)

Where duties or powers are imposed or conferred—

(a)

on a person in their capacity as a third party recipient by or under regulations made under this Part, other than regulations made in reliance on section 4(4)(a), (b) or (c), or

(b)

on a person in their capacity as a person described in section 4(4)(d) by or under regulations made under this Part,

nothing in this section, or in regulations under subsection (1) or (9), prevents the person, or a person acting on their behalf, from requiring payment in connection with the performance or exercise of those duties or powers, or restricts their ability to do so, where the person could do so otherwise than in reliance on regulations under subsection (1).

(11)

Examples of requiring payment otherwise than in reliance on regulations under subsection (1) include doing so in reliance on other legislation or a contract or other arrangement (whenever entered into).