The Data-gathering Powers (Relevant Data) (Amendment) Regulations 2016
| Jurisdiction | UK Non-devolved |
2016 No. 979
Taxes
The Data-gathering Powers (Relevant Data) (Amendment) Regulations 2016
Made 10th October 2016
Laid before the House of Commons 11th October 2016
Coming into force 1st November 2016
The Treasury make the following Regulations in exercise of the powers conferred by paragraph 1(3) of Schedule 23 to the Finance Act 20111:
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 20122are 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 20063;
“identifying information” means information which identifies a person or an account and includes—
(a) any unique or generic identifier or reference number allocated by, or used by, the data-holder for the purposes of identifying a person or account, or classifying the trade of a person or account;
(b) name, address (including email, website, and any other electronic address), and telephone number associated with a person or account;
(c) company registration number or national insurance number, unique taxpayer reference, VAT number, any other unique government-issued identifier associated with a person or account;
(d) in relation to a person, whether that person is an individual, partnership, limited company, or has any other legal status;
“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 19954.”.
4. In regulation 11A5—
(a) in paragraph (1), for sub-paragraphs (b) to (f) substitute—
“(b)
“(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)
(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 13B6of Schedule 23 are—
(a)
(a) in relation to a payment recipient, information relating to transactions, including the currency the transactions were made in;
(b)
(b) identifying information relating to a payment recipient; and
(c)
(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...
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