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

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

The Data-gathering Powers (Relevant Data) Regulations 2012^f1 are amended as follows.

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^f1;

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

  1. (a)

     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;

  2. (b)

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

  3. (c)

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

  4. (d)

     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^f2.”.

In regulation 11A^f1—

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^f1 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^f2 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.”

(This note is not part of the Regulations)