Part 1: Access to Customer Data and Business Data Supplementary Section 21: Regulations under this Part: supplementary
Subsection (1) of section 21 is largely self-explanatory. However, readers may, in particular, wish to note the following provisions.
	Paragraph (f) allows Part 1 regulations to make provision by reference to standards, arrangements, specifications or technical requirements as published from time to time. This reflects section 238A(5)(a) of the Pensions Act 2004 relating to pensions dashboards. The purpose of this provision is, in particular, to allow for technical requirements by reference to published standards that are updated in line with developments in information technology.
	Paragraph (g) allows the regulations to confer functions on a person which may include the exercise of a discretion and to make related procedural provisions. The ability to confer discretions reflects section 91(1)(b) of the Enterprise and Regulatory Reform Act 2013, which Part 1 of this Act replaces, and section 238A(6) of the Pensions Act 2004.
	Subsection (2) prevents Part 1 regulations from requiring or enabling a person to set the maximum amount of a fine, but regulations may refer to the standard scale, the statutory maximum or a similar amount.
	Subsection (3) prevents Part 1 regulations (except where otherwise provided for by sections 15 and 16 in relation to the FCA) from requiring or enabling a person to set the amount or maximum amount of a penalty or fee or the method by which that amount may be determined or, likewise, to set the amount, maximum amount or method of any increase of a penalty or fee. However, subsection (4)(a) enables the regulations to provide for that amount or method by reference to a published index. Subsection (4)(b) enables the regulations to require or enable a person to make decisions about the amount payable, or its increase or reduction, in a particular case, within the framework of the maximum amount or methodology set out in the regulations.
	Subsection (3) also clarifies that the regulation-making power under section 11(9) is not restricted by section 21(3).
	Subsection (5) allows for amendment, repeal or revocation of primary legislation (as defined in section 25(1)) in limited circumstances, these being to make provision about handling of complaints, dispute resolution and appeals and for provisions under subsection (1)(h) (incidental, supplementary, consequential, transitional or saving provisions). It is envisaged that subsection (5) might, for instance, be used to extend any statutory dispute resolution scheme in a specific sector to any Smart Data scheme which applies to that sector.