Part 1: Access to Customer Data and Business Data Data regulations Section 6: Decision-makers
Section 6 outlines provisions relating to decision makers that data regulations may, among other things, provide for. The possible provisions in this section are non-exhaustive, but, if regulations do provide for a decision-maker, subsection (7) is mandatory.
	A decision-maker (see subsection (2)) is a person on which the regulations confer the function of deciding whether a person satisfies conditions restricting who customers may authorise to receive customer data or do other things (section 3(3)(b)) and who may be approved to receive business data (section 5(3)(b)). Decision-makers might (if they are a public authority), or might not, be persons who are enforcers under section 8 (enforcement of regulations under this Part).
	Section 6 deals with the conferral of decision-making functions in the context of those provisions. Section 21(1)(g) allows for the conferral of functions involving the exercise of a discretion in other contexts.
	Subsection (3) provides that regulations may make provision about the appointment of the decision-maker.
	Subsection (4) provides that regulations may enable or require decision-makers to suspend or revoke decisions. A revocation or suspension may result in the person concerned ceasing to be able to request or receive data or to act on a customer’s behalf. However, it is anticipated that a suspension or revocation might alternatively be used to impose a lesser sanction for instance, through a partial suspension or revocation, one which allows a third party recipient to continue to act in that capacity subject to conditions or additional conditions. In providing for, or requiring, a decision-maker to suspend or revoke its decisions, the regulations may, among other things, make different provisions for different cases and may make consequential, supplementary and incidental provisions (see section 21(1)).
	Subsection (5) provides for the conferral of powers on decision-makers to monitor compliance by third party recipients with the conditions under which they are authorised or approved, and these powers are enforceable in the same way as powers conferred on enforcers under section 8.
	Subsection (6) clarifies that the monitoring powers referred to in subsection (5) include enabling a decision-maker to require the provision of documents or information, but this is subject to the restrictions on investigatory powers in section 9.
	Subsection (7) requires that regulations must make provision about the rights of persons affected by the exercise of decision-makers’ functions. These rights may include provisions for review of decisions or rights of appeal to a court or tribunal.
	Subsection (8) provides that regulations may make provision about complaints, including requiring a decision-maker to implement procedures for the handling of complaints.
	Subsection (9) provides for the regulations to enable or require the publication of specified documents or information relating to the exercise of a decision-maker’s functions.
	Subsection (10) provides for a decision-maker to conduct its investigations through another person and reflects section 8(11) in relation to enforcers.
	Subsection (11) provides for the appointment of multiple decision-makers and reflects section 8(12) in relation to enforcers.
	Subsection (12) provides for regulations to enable or require a decision-maker to produce guidance about how it intends to exercise its functions under the regulations. Regulations may require the decision maker to publish the guidance and provide copies to specified persons.