Subsection (1) specifies the circumstances in which Part 1 regulations must be subject to affirmative Parliamentary scrutiny.
	Under paragraphs (a) and (b), affirmative scrutiny is required for the first regulations under sections 2(1), (3) and (4) and 4(1), (3) and (4) making provision about a particular description of customer data or business data. It is intended that regulations introducing a Smart Data scheme will be subject to affirmative scrutiny.
	Under paragraph (c), affirmative scrutiny is required for regulations which make requirements more onerous for data holders or interface bodies.
	Under paragraph (d), affirmative scrutiny is required where regulations are made under, or in reliance on, the following sections:
Section 6(5) (monitoring power of a decision-maker);
Section 7 (interface bodies);
Section 8 (enforcement of regulations under this Part);
Section 11 (fees);
Section 12 (levy);
Section 14 (the FCA and financial services interfaces);
Section 16 (the FCA and financial services interfaces: penalties and levies);
Section 17 (the FCA and co-ordination with other regulators); or
Section 18 (liability in damages).
	Under paragraph (e), affirmative scrutiny is required for regulations to which section 21(5) applies, which amend, repeal or revoke primary legislation.
	Subsection (3) requires that before making regulations of the kind requiring affirmative resolution, the Secretary of State or the Treasury must, as they consider appropriate, consult:
Persons likely to be affected the regulations e.g., businesses who would become data holders under the regulations, or their representatives;
Sectoral regulators with functions in relation to data holders under the proposed regulations.
	Subsection (4) clarifies that, in making regulations, the Secretary of State or the Treasury can rely on a consultation which takes place before this section comes into force.
	Neither the consultation obligation in subsection (3) nor anything else in Part 1 affects the obligation of the Secretary of State to consult the Information Commissioner under Article 36.4 of the UK GDPR, where it applies.
Part 1: Access to Customer Data and Business Data Supplementary Section 22: Regulations under this Part: Parliamentary procedure and consultation