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”—
- i
in relation to England and Wales, has the meaning given in section 1 of the Charities Act 20119,
- 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
- iii
in relation to Northern Ireland, has the meaning given in section 1 of the Charities Act (Northern Ireland) 200811;
- i
“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.