Section 137(4)

In making regulations under subsection (1), the Secretary of State must have regard to the desirability of securing that the charges payable to the Commissioner under such regulations are sufficient to offset— expenses incurred by the Commissioner in discharging the Commissioner's functions— under the data protection legislation, under the Data Protection Act 1998, under or by virtue of sections 108 and 109 of the Digital Economy Act 2017, and under or by virtue of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426), any expenses of the Secretary of State in respect of the Commissioner so far as attributable to those functions, to the extent that the Secretary of State considers appropriate, any deficit previously incurred (whether before or after the passing of this Act) in respect of the expenses mentioned in paragraph (a), and to the extent that the Secretary of State considers appropriate, expenses incurred by the Secretary of State in respect of the inclusion of any officers or staff of the Commissioner in any scheme under section 1 of the Superannuation Act 1972 or section 1 of the Public Service Pensions Act 2013.

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Source: legislation.gov.uk · retrieved 2026-09-04