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Water Services etc. (Scotland) Act 2005

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This is the original version (as it was originally enacted).

9Fees relating to licences

This section has no associated Explanatory Notes

(1)The Commission may, for the purpose mentioned in subsection (2), make a scheme (a “fees scheme”) which specifies—

(a)the matters relating to water services and sewerage services licences in respect of which fees are payable; and

(b)the amounts of fees payable (and, as appropriate, the persons by whom they are payable) in respect of each of those matters.

(2)The purpose is securing that the fees payable in accordance with the scheme are sufficient to meet the costs incurred by the Commission in exercising its functions relating to water services and sewerage services licences.

(3)A fees scheme may, in particular—

(a)impose on licence-holders fees by way of annual levies; and

(b)specify fees by reference to maximum amounts.

(4)A fees scheme may make provision with respect to the times and methods of payment of the fees specified by the scheme.

(5)A fees scheme may—

(a)make different provision for different cases or types of case;

(b)revoke or amend a previous scheme.

(6)The Commission must—

(a)send any fees scheme to the Scottish Ministers for approval; and

(b)publish a summary of the scheme (and, in doing so, invite representations for the purposes of subsection (7)).

(7)The Scottish Ministers—

(a)must have regard to any representations about a fees scheme which are made to them within 4 weeks of publication of the summary of it under subsection (6)(b); and

(b)may approve a fees scheme with or without modifications.

(8)If the Scottish Ministers approve a fees scheme with modifications, they must give their reasons for doing so.

(9)When a fees scheme has been approved under subsection (7), the Commission—

(a)must—

(i)make arrangements for allowing any person to obtain a copy of the scheme on payment of such reasonable fee (if any) as the Commission may determine; and

(ii)publicise those arrangements and publish the scheme; and

(b)may charge and recover fees in accordance with the scheme.

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