Part 1: Access to Customer Data and Business Data Supplementary Section 18: Liability in damages
Section 18 permits the Secretary of State or the Treasury to make regulations to provide that a public authority cannot be liable in damages when they exercise their functions under Part 1. This power is conferred to ensure that a public authority can carry out its functions effectively and derives from the exemption from liability in damages for the FCA under the Financial Services and Markets Act 2000 (FSMA 2000) which prevents the FCA from the need to defend vexatious claims that are a significant resource burden.
	Subsection (2) lists the types of person eligible to be excluded from liability.
	Subsection (3) ensures that liability cannot be excluded where person has acted in bad faith or if this would conflict with the Human Rights Act 1998, reflecting the FSMA 2000 provision.