The Data-gathering Powers (Relevant Data) (Amendment) Regulations 2016

• Citation: S.I. 2016/979
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Data-gathering Powers (Relevant Data) (Amendment) Regulations 2016 and come into force on 1st November 2016.

Section 2 Amendment of the Data-gathering Powers (Relevant Data) Regulations 2012

The Data-gathering Powers (Relevant Data) Regulations 2012 are amended as follows.

Section 3 Amendment of the Data-gathering Powers (Relevant Data) Regulations 2012

For regulation 2 substitute—

(2) In these Regulations—

“company registration number” has the same meaning as “registered number” in section 1066 of the Companies Act 2006 ;

“identifying information” means information which identifies a person or an account and includes—

any unique or generic identifier or reference number allocated by, or used by, the data-holder for the purposes of identifying a person or account, or classifying the trade of a person or account;

name, address (including email, website, and any other electronic address), and telephone number associated with a person or account;

company registration number or national insurance number, unique taxpayer reference, VAT number, any other unique government-issued identifier associated with a person or account;

in relation to a person, whether that person is an individual, partnership, limited company, or has any other legal status;

“Schedule 23” means Schedule 23 to the Finance Act 2011;

“VAT number” has the same meaning as “registration number” in paragraph (1) of regulation 2 of the Value Added Tax Regulations 1995 .

Section 4 Amendment of the Data-gathering Powers (Relevant Data) Regulations 2012

In regulation 11A —

(a) in paragraph (1), for sub-paragraphs (b) to (f) substitute—

(b) identifying information relating to a retailer to whom the data-holder has a contractual obligation to make payments, including any identifying information about the retailer’s merchant account; and

(c) identifying information relating to an account or system into which payments are made by the data-holder to the retailer.

(b) in paragraph (2)—

(i) omit the definition of “VAT number”; and

(ii) at the end insert—

“payment card transaction” and “retailer” have the meanings given by paragraph 13A of Schedule 23

Section 5 Amendment of the Data-gathering Powers (Relevant Data) Regulations 2012

After regulation 11A insert—

Electronic stored-value payment service providers

(11B)

(1) The relevant data for a data-holder of the type described in paragraph 13B of Schedule 23 are—

(a) in relation to a payment recipient, information relating to transactions, including the currency the transactions were made in;

(b) identifying information relating to a payment recipient; and

(c) identifying information relating to an account or system into which payments are credited to, or on behalf of, a payment recipient by the data-holder.

(2) In this regulation—

“electronic stored-value payment services” has the meaning given by paragraph 13B of Schedule 23;

“payment recipient” means the recipient of a payment from a transaction for which the data-holder provided electronic stored-value payment services.

Business intermediaries

(11C)

(1) The relevant data for a data-holder of the type described in paragraph 13C of Schedule 23 are—

(a) in relation to suppliers—

(i) information relating to transactions that the data-holder enabled or facilitated; and

(ii) information that the Commissioners consider is likely to assist them to quantify or otherwise determine the quantity or value of transactions of suppliers, whether or not the data-holder processed the payment for those transactions;

(b) identifying information relating to suppliers for whom the data-holder enables or facilitates transactions; and

(c) identifying information relating to an account or system into which payments are credited to, or on behalf of, suppliers by the data-holder.

(2) In this regulation “suppliers” has the meaning given by paragraph 13C of Schedule 23.