Section 12 — Levy

(1) The Secretary of State or the Treasury may by regulations—

(a) impose, or provide for a specified public authority to impose, a levy on data holders or third party recipients for the purpose of meeting expenses described in subsection (2), and

(b) make provision about what must or may be done with funds raised by means of the levy.

(2) Those expenses are expenses incurred, or to be incurred, during a period by a person listed in subsection (3), or a person acting on their behalf, in performing duties, or exercising powers, imposed or conferred on the person listed in subsection (3) by or under regulations made under this Part.

(3) Those persons are—

(a) decision-makers;

(b) interface bodies;

(c) enforcers;

(d) public authorities subject to requirements imposed by regulations made in reliance on section 4(4).

(4) Regulations under subsection (1) may only provide for a levy in respect of expenses of a person to be imposed on data holders or third party recipients that appear to the Secretary of State or the Treasury to be capable of being directly affected by the exercise of some or all of the functions conferred on the person by or under regulations made under this Part.

(5) Regulations under subsection (1) providing for a specified public authority to impose a levy must—

(a) make provision about how the rate of the levy is to be determined;

(b) make provision about how the period in respect of which the levy is payable is to be determined;

(c) require the public authority to publish information about the rate, the period and how they are determined.

(6) Regulations under subsection (1) may (among other things) make provision about—

(a) interest on any unpaid amounts payable by way of a levy;

(b) the recovery of such unpaid amounts.