Citation and commencement

1. These Regulations may be cited as the Data-gathering Powers (Relevant Data) (Amendment) Regulations 2016 and come into force on 1st November 2016.

Amendment of the Data-gathering Powers (Relevant Data) Regulations 2012

2.The Data-gathering Powers (Relevant Data) Regulations 2012( 2 ) are amended as follows.

3. For regulation 2 substitute—

“ 2. In these Regulations—

“company registration number” has the same meaning as “registered number” in section 1066 of the Companies Act 2006 ( 3 ) ;

“identifying information” means information which identifies a person or an account and includes—

“Schedule 23” means Schedule 23 to the Finance Act 2011;

“VAT number” has the same meaning as “registration number” in paragraph (1) of regulation 2 of the Value Added Tax Regulations 1995 ( 4 ) . ” .

4. In regulation 11A( 5 )—

(a) in paragraph (1), for sub-paragraphs (b) to (f) substitute—

“ (b) identifying information relating to a retailer to whom the data-holder has a contractual obligation to make payments, including any identifying information about the retailer’s merchant account; and

(c) identifying information relating to an account or system into which payments are made by the data-holder to the retailer. ” ; and

(b) in paragraph (2)—

(i) omit the definition of “VAT number”; and

(ii) at the end insert—

“ “payment card transaction” and “retailer” have the meanings given by paragraph 13A of Schedule 23 ” .

5. After regulation 11A insert—

“ Electronic stored-value payment service providers

11B. —(1) The relevant data for a data-holder of the type described in paragraph 13B ( 6 ) of Schedule 23 are—

(a) in relation to a payment recipient, information relating to transactions, including the currency the transactions were made in;

(b) identifying information relating to a payment recipient; and

(c) identifying information relating to an account or system into which payments are credited to, or on behalf of, a payment recipient by the data-holder.

(2) In this regulation—

“electronic stored-value payment services” has the meaning given by paragraph 13B of Schedule 23;

“payment recipient” means the recipient of a payment from a transaction for which the data-holder provided electronic stored-value payment services.

Business intermediaries

11C. —(1) The relevant data for a data-holder of the type described in paragraph 13C ( 7 ) of Schedule 23 are—

(a) in relation to suppliers—

(i) information relating to transactions that the data-holder enabled or facilitated; and

(ii) information that the Commissioners consider is likely to assist them to quantify or otherwise determine the quantity or value of transactions of suppliers, whether or not the data-holder processed the payment for those transactions;

(b) identifying information relating to suppliers for whom the data-holder enables or facilitates transactions; and

(c) identifying information relating to an account or system into which payments are credited to, or on behalf of, suppliers by the data-holder.

(2) In this regulation “suppliers” has the meaning given by paragraph 13C of Schedule 23. ”