Amount of charge payable under regulation 23

1

For the purposes of regulation 2(2), the charge payable by a data controller in—

a

tier 1 (micro organisations), is £40;

b

tier 2 (small and medium organisations), is £60;

c

tier 3 (large organisations), is £2,900.

2

For the purposes of this regulation, a data controller is, subject to paragraph (3)—

a

in tier 1 if—

i

it has a turnover of less than or equal to £632,000 for the data controller’s financial year,

ii

the number of members of staff of the data controller is less than or equal to 10,

iii

it is a charity, or

iv

it is a small occupational pension scheme;

b

in tier 2 if it is not in tier 1 and—

i

it has a turnover of less than or equal to £36 million for the data controller’s financial year, or

ii

the number of members of staff of the data controller is less than or equal to 250;

c

in tier 3 if it is not in tier 1 or tier 2.

3

Paragraphs (2)(a)(i) and (2)(b)(i) are to be disregarded in relation to a public authority.

4

For the purposes of regulation 3(2), the turnover and number of members of staff is determined on the first day of the charge period to which the charge relates.

5

The applicable charge in paragraph (1) is reduced by £5.00 for a data controller that makes payment of the charge by direct debit.

6

In this regulation—

  • “charity”—

    1. i

      in relation to England and Wales, has the meaning given in section 1 of the Charities Act 20119,

    2. ii

      in relation to Scotland, means a body entered in the Scottish Charity Register maintained under section 3 of the Charity and Trustee Investment (Scotland) Act 200510, and

    3. iii

      in relation to Northern Ireland, has the meaning given in section 1 of the Charities Act (Northern Ireland) 200811;

  • “small occupational pension scheme” has the meaning given in regulation 4 of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 200612.