Part 1: Access to Customer Data and Business Data Enforcement Section 8: Enforcement of regulations under this Part
Section 8 enables monitoring compliance with, and enforcement of, Part 1 regulations and requirements imposed under them. This may be conducted by a public authority (see section 25(1)) which is specified in the regulations and authorised or required to do so (an "enforcer").
	Subsection (4) deals with the powers of investigation that may be conferred on an enforcer. These include: powers to require provision of information or documents; powers to require an individual to be interviewed; and powers of entry, inspection, search and seizure. The conferral of investigatory powers is subject to the restrictions in section 9 (restrictions on powers of investigation etc) as well as any further restrictions in the regulations.
	Subsections (5) and (7) deal with enforcement powers that may be conferred on an enforcer.
	Subsection (5)(a) provides for the regulations to enable an enforcer to issue a notice ("compliance notice") requiring compliance with Part 1 regulations, any condition for authorisation or approval of a third party recipient (see sections 3(2) and 5(3)), or any other requirement imposed in exercise of a power conferred by Part 1 regulations. Subsection (5)(b) enables regulations to make provision for enforcement of compliance notices, including enforcement as if they were orders of a court or tribunal.
	Subsection (5)(c) provides that regulations may enable an enforcer to publish a statement that the enforcer considers that a person is not complying with Part 1 regulations, a requirement imposed by a compliance notice or any other requirement imposed in exercise of a power conferred by Part 1 regulations. This allows an enforcer to "name and shame" the person concerned which may, for instance, be useful in persistent or egregious cases of non-compliance.
	Subsection (7) enables the regulations to allow an enforcer to impose financial penalties in the cases of: provision of false or misleading information; failure to comply with a requirement imposed by Part 1 regulations; failure to comply with a requirement imposed in exercise of a power imposed by Part 1 regulations; failure to comply with a compliance notice. Where either could be imposed, a financial penalty may be imposed additionally or alternatively to the sanctions in subsection (5).
	Sections 10 (financial penalties) and 21(3) contain further provisions relating to financial penalties, including procedural and other safeguards that the regulations must contain if they are to provide for the imposition of financial penalties. These are described further in the context of section 10.
	Subsection (6) enables the regulations to create offences, punishable with an unlimited fine or a fine not exceeding a specified amount, in cases where a person provides false or misleading information and for an act or omission (including falsification) which prevents an enforcer, interface body or a decision-maker from accessing information, documents, equipment, or other material. Section 21(2) deals with setting maximum amounts of fines and is explained in the commentary on that section.
	Subsection (8) enables the regulations to make provision about rights for those (for instance data holders and third party recipients) affected by an enforcer’s actions. Such rights may include reviews of the decisions made by an enforcer or appeals to a court or tribunal. In addition, there are specific and mandatory safeguards if the regulations empower an enforcer to issue financial penalties: see section 10.
	Subsection (9) enables the regulations to make provision about complaints, including requiring enforcers to implement procedures for the handling of complaints.
	Subsection (10) enables the regulations to require an enforcer to publish, or provide to a specified person, documents or information relating to its monitoring or enforcement of the regulations. This may include documents or information about activities undertaken by the enforcer of its functions, and documents or information about convictions for offences.
	Subsection (11) enables an enforcer’s powers of investigation to be carried out by another person. This reflects the investigatory powers in relation to consumer law in Schedule 5 to the Consumer Rights Act 2015.
	Subsection (12) provides for the appointment of multiple enforcers. Where this is the case, regulations may appoint a "lead" enforcer. Other enforcers may be required to consult the lead before exercising their functions, and the lead may issue directions as to which enforcer may exercise a function in a particular case.
	Finally, subsection (13) allows the regulations to enable or require an enforcer to produce, publish and provide copies of guidance about how it intends to exercise its functions.