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The guidance note on the legislation is available here if you wish to read -
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/664065/payment-surcharges-guidance.pdf

Full legislation (relevent section page 134) -

http://www.legislation.gov.uk/uksi/2017/752/pdfs/uksi_20170752_en.pdf

It's fairly clear and watertight.

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