Section 22 — Regulations under this Part: Parliamentary procedure and consultation

(1) The following regulations under this Part are subject to the affirmative resolution procedure—

(a) the first regulations under each of section 2(1), (3) and (4) making provision about a particular description of customer data,

(b) the first regulations under each of section 4(1), (3) and (4) making provision about a particular description of business data,

(c) regulations under section 2 or 4 which make the requirements of regulations under this Part more onerous for data holders or interface bodies,

(d) regulations under section 6(5), 7, 8, 11, 12, 14, 16, 17 or 18, and

(e) regulations described in section 21(5) which amend, repeal or revoke primary legislation.

(2) Other regulations under this Part are subject to the negative resolution procedure.

(3) Before making regulations described in subsection (1), the Secretary of State or the Treasury (as the case may be) must consult such of the following as the Secretary of State or the Treasury considers appropriate—

(a) persons likely to be affected by the regulations or representatives of such persons;

(b) sectoral regulators with functions in relation to data holders likely to be affected by the regulations.

(4) The requirement in subsection (3) may be satisfied by consultation undertaken before the day on which this Act is passed.