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Why Some Regulatory Bills Do Not Fall When Business Slows

David Prior by David Prior
August 11, 2026
Reading Time: 5 mins read
Why Some Regulatory Bills Do Not Fall When Business Slows
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Most British businesses pay their regulator directly. Not through general taxation and not through a trade body, but as an annual invoice sized by a formula the business does not control. The Financial Conduct Authority set its funding requirement for 2026/27 at £788.9 million, offset £72.4 million of retained penalty income from the previous year, and will collect £716.5 million from the firms inside its perimeter, up 0.7%.

That is the model across a lot of the regulated economy, and it produces a cost line that behaves unlike almost anything else on a balance sheet. It is not metered by usage, it does not shrink when revenue does, and in at least one sector it now cannot be paid in instalments at all.

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How a Regulator Decides What You Owe

There are broadly two methods. The simpler one is a flat tier. Almost every organisation processing personal data owes the Information Commissioner’s Office a data protection fee under the 2018 charges regulations, and the tiers are blunt: £52 a year for micro-organisations, £78 for small and medium ones, and £3,763 for large organisations, meaning turnover above £36 million or more than 250 staff. Cross a threshold and the bill jumps by a factor of forty-eight.

The second method is proportional but indirect. The FCA divides the funding requirement for each fee-block by the total tariff data reported by everyone in that block, then charges each firm according to its own share. The arithmetic is worth sitting with. A firm’s bill moves when the regulator’s budget moves, and it also moves when competitors report a different size, so a business can hold its own trading flat and still owe more because the rest of its block shrank. Minimum and flat rate fees were uplifted by 1% this year in line with the FCA’s ongoing regulatory activities budget.

None of this is new in principle. Regulatory overheads have been hardening across the economy for years, and financial services went through the same shift when KYC checks stopped being a project and became a standing cost. What has changed is how little discretion sits around the payment date.

The Version With No Instalments

The strictest example arrives on 1 October. The Department for Culture, Media and Sport confirmed on 30 June that operating licence fees charged by the Gambling Commission will rise 25%, subject to secondary legislation passing. Three options had gone out to consultation between January and March: a 30% rise, a 20% rise, and a 20% rise with a further 10% ringfenced for work against illegal operators. Of 47 responses, two backed the first, four backed the second and nobody backed the third. The department settled on a figure that had not been offered.

Its case rests on the regulator’s accounts. The Commission is running annual budget deficits of roughly £4 million and expects to need at least £8 million in efficiency savings over the next five years even after the increase. Individual charges remain small: a personal management licence application goes from £370 to £463, and first-year fees stay at 75% of the standard rate.

The mechanics are what make this the outlier. The annual charge is banded on projected turnover, falls due in full before the anniversary of the date the permission was first granted rather than at the end of a tax year, and cannot be spread. It is owed whether or not the business traded. Moving down a band means applying to vary the permission and having that variation granted, not merely submitted, before the anniversary lands. If the invoice goes unpaid, the regulator has no discretion to exercise and must withdraw the permission. Very few compliance costs come with that clause attached.

What a Public Register Actually Certifies

There is a by-product to all of this that nobody set out to create. Because the charge is tied to a permission, and the permission has to be verifiable, every one of these regimes maintains a public list of who currently holds one. The registers exist so that a customer, a counterparty or a journalist can check a claim in a few seconds.

What they also do is feed an industry. Those lists get scraped, sorted and resold well beyond their original purpose. B2B prospecting databases are built on the FCA’s, and consumer comparison guides that rank casinos holding a UK Gambling Commission licence are assembled from the Commission’s, licence number and all.

Which makes it worth being precise about what such a list actually attests to. Presence on a register means a business cleared an entry test at some point and has kept paying to stay listed. It says nothing about how well the business is run today, and it says nothing about the categories a firm quietly dropped at its last renewal. Anyone treating a register as a quality ranking is reading more into it than the regulator put there.

Banding Can Be Redesigned

Flat percentage rises attract an obvious objection: they take no account of scale, and they hit a small operator and a large one with the same multiplier. That objection was partly answered in the October changes. Fees for society lotteries were frozen outright, on the reasoning that higher charges would cut the share of proceeds reaching good causes. One betting category was restructured rather than uprated, with charges now set by turnover band instead of by the number of days a business trades. Inside that category the department expects 44% to pay less and a further 53% to pay an extra £22, from £230 to £252.

So the banding is not fixed in the way it can feel from the receiving end. It is a policy choice, and it gets revisited when a category’s economics change enough to make the old basis look silly.

What Businesses Actually Do About It

Faced with a charge that will not fall on its own, the decision is rarely about payment. It is about what to keep. A permission that is cheap to hold gets renewed without much thought. One that carries a banded annual charge, a fixed date and a withdrawal clause invites a harder question at every anniversary, which is why dormant registrations and marginal product lines tend to be reviewed first. Firms in other regulated sectors run the same calculation when they weigh whether technology can absorb a compliance cost or whether an activity has simply stopped being worth the paperwork.

None of these bills is large next to a payroll. What makes them awkward is their shape. They arrive on a date the business did not pick, in an amount someone else’s arithmetic decided, and the only real lever is deciding how much regulated activity you still want to be in.

David Prior

David Prior is the editor of Today News, responsible for the overall editorial strategy. He is an NCTJ-qualified journalist with over 20 years’ experience, and is also editor of the award-winning hyperlocal news title Altrincham Today. His LinkedIn profile is here.

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