The power to specify (or to specify descriptions of) persons or bodies must be exercised in such a way that the levy is payable only by persons or bodies that appear to the Secretary of State—
to be capable of being directly affected by the exercise of any of the functions of the Panel, or
otherwise to have a substantial interest in the exercise of any of those functions.
Regulations under this section may in particular—
specify the rate of the levy and the period in respect of which it is payable at that rate;
make provision as to the times when, and the manner in which, payments are to be made in respect of the levy.
In determining the rate of the levy payable in respect of a particular period, the Secretary of State—
must take into account any other income received or expected by the Panel in respect of that period;
may take into account estimated as well as actual expenses of the Panel in respect of that period.
Regulations under this section—
are subject to affirmative resolution procedure if subsection (7) applies to them;
otherwise, are subject to negative resolution procedure.
This subsection applies to—
the first regulations under this section;
any other regulations under this section that would result in a change in the persons or bodies by whom, or the transactions on which, the levy is payable.
If a draft of an instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.