(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—
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—
(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).
I21 S. 11 in force at Royal Assent for specified purposes, see s. 142(1)(2) (h)
I22 S. 11 in force at 20.8.2025 in so far as not already in force by S.I. 2025/904 , reg. 2(a)
12 Levy U.K.
(a) impose, or provide for a specified public authority to impose, a levy on data holders or third party recipients for the purpose of meeting expenses described in subsection (2), and
(b) make provision about what must or may be done with funds raised by means of the levy.
(2) Those expenses are expenses incurred, or to be incurred, during a period by a person listed in subsection (3), or a person acting on their behalf, in performing duties, or exercising powers, imposed or conferred on the person listed in subsection (3) by or under regulations made under this Part.
(3) Those persons are—
(a) decision-makers;
(b) interface bodies;
(c) enforcers;
(d) public authorities subject to requirements imposed by regulations made in reliance on section 4(4).