Section 40 – Reduced charges
101.This section is based on section 81 of the 1994 Act.
102.Subsection (1) empowers the Scottish Ministers to make regulations reducing the charges under section 37 to be paid by those to be defined in the regulations, including exempting some from charges altogether. Subsection (2) provides for regulations to specify the reduced amount to be paid or to make rules for determining the reduced amount. The Scottish Ministers can define those who qualify for the reduced charge, and set the rules for calculating the reduced charge, by reference to such factors as they see fit (subsection (3)).
103.Regulations under subsection (1) must be made by statutory instrument and are subject to negative procedure in the Parliament (see section 68).
