Section 4 provides the principal regulation-making power in relation to business data. This regulation-making power may be used in conjunction with section 2 or on its own.
	Subsection (1) enables the Secretary of State or the Treasury to make regulations requiring data holders to publish business data and/or provide business data to the customer (paragraph (a)) or to another person of a specified description (paragraph (b)).
	As business data does not directly relate to a particular customer, there are two important differences as compared with the equivalent regulation-making power for customer data in section 2(1). First, regulations under subsection (1) of this section may require publication of data: this is because, depending on the Smart Data scheme in question, it might be efficient to publish data in accordance with such arrangements as the regulations may prescribe. Second, if the regulations take the approach of requiring provision of data to a person of a specified description, that person does not require the authorisation of a customer.
	Subsection (2) defines, in relation to business data, a "third party recipient" for the purpose of Part 1: a third party recipient is a person of a description specified under subsection (1)(b). In practice, the same person may be a third party recipient under section 2(1) and 4(1) for both customer data and business data.
	Subsection (3) provides for the making of regulations which enable or require data holders to produce, collect or retain business data or arrange for that to be done. As with section 2(3)(a), the purpose of this power is to require data holders to have specific data to hand in order to ensure that Smart Data schemes can operate consistently and effectively.
	Subsection (4) enables the making of regulations which require a third party recipient of business data, which is a public authority (see section 25(1)) or a person appointed by a public authority, to publish or provide that data. This is to enable a model in which business data is provided to, and then published or disclosed onwards by, a public authority or a person acting on its behalf. To enable this model to function, paragraph (c) allows the regulations to impose requirements (except a requirement to pay the levy under section 12) on the public authority or its appointee as if it were a data holder and paragraph (d) allows the regulations to treat a person ultimately receiving the data from the public authority or its appointee as a third party recipient.
	Subsection (5) mirrors section 2(5) and requires that, in deciding whether to make regulations relating to business data, the Secretary of State or the Treasury must (among other things) consider the likely effect of the regulations on customers, data holders, small and micro businesses, and on innovation in the supply of goods and products and competition.
Part 1: Access to Customer Data and Business Data Data regulations Section 4: Power to make provision in connection with business data