Section 115 updates the Information Commissioner’s powers of enforcement in relation to the PEC Regulations, which currently rely on powers in the Data Protection Act 1998. The effect of this provision will be to apply some of the more modern enforcement powers in the DPA 2018 to the PEC Regulations.
	Subsections (2) and (3) omit paragraph 6 of regulation 5 and regulation 5B of the PEC Regulations, which are both concerned with the Commissioner’s powers to audit measures taken by public electronic communications service providers to safeguard the security of their services and inform certain parties of a personal data breach. These provisions are no longer needed as section 146 of the DPA 2018 (powers for the Commissioner to impose assessment notices) will instead be applied for the purposes of the PEC Regulations, subject to the modification in Schedule 13.
	Subsection 4(a) includes technical amendments to aid the readability of the legislation, including updating "county court" references.
	Subsection (4)(b) adds further subparagraphs to the end of regulation 5C, which is concerned with the penalties that can be imposed on service providers for failing to report security breaches. New subparagraphs 13, 14 and 16 provide the Secretary of State with a power to amend the amount of the fixed monetary penalty that can be imposed (which is currently £1,000 or £800 if paid within 21 days of receipt of the notice of intent). Any changes must be made via regulations which are laid in Parliament and subject to the affirmative resolution procedure. New subparagraph 15 provides that, before making regulations under regulation 5C(13), the Secretary of State must consult the Commissioner and "such other persons as the Secretary of State considers appropriate".
	Subsection (5) replaces regulation 31 of the PEC Regulations, which currently applies the Information Commissioner’s enforcement powers in the Data Protection Act 1998 to the PEC Regulations. The new regulation 31 will instead apply certain enforcement powers in Parts 5 to 7 of the DPA 2018 to the PEC Regulations, subject to the modifications in Schedule 13.
	Subsections (6) and (7) remove regulations 31A and 31B, which currently allow the Commissioner to impose "third party information notices" on communications providers to gather information held on electronic communications networks, or by electronic communications services, for investigating compliance with the regulations; and set out rights of appeal against the imposition of a notice. These provisions are no longer needed because the more modern powers in section 142 of the DPA 2018 (Information notices) and associated appeal rights will now be applied to the PEC Regulations. Under these new provisions, the Commissioner will be able to serve a written notice on any person or a communications provider, requesting information or documents to help determine whether the person has or is complying with the PEC Regulations.
	Under subsection (8), the current Schedule 1 to the PEC Regulations, which sets out modifications to the enforcement regime in the Data Protection Act 1998 for the purposes of their application to the PEC Regulations, is repealed. It is replaced by a new Schedule 13 which sets out modifications to the enforcement regime in the DPA 2018, so that it can be applied to the PEC Regulations.
	Subsection (9) makes some consequential amendments to paragraph 58(1) of Schedule 20 to the DPA 2018 to reflect the changes that have been made to regulations 2, 31 and 31B by these sections.
	Subsection (10) makes it clear how consultation requirements under regulation 5C may be satisfied.
Part 5: Data Protection and Privacy Chapter 2: Privacy and electronic communications Section 115: Commissioner’s enforcement powers