Section 6: Fees
75.Section 6 gives regulation-making powers to the Secretary of State to enable the Commission to charge fees in connection with the exercise of its functions.
76.Subsection (2) gives a non-exhaustive list of provisions that may be included in regulations. This includes:
when a fee may be charged;
the amount of fee to be charged;
the information required to determine the amount to be charged;
who is liable to pay any fee charged;
when a fee is payable;
recovery of fees charged; and
when a fee may be waived, reduced or repaid.
77.Subsection (3) provides that the regulations may permit the Commission to charge fees which are not related to the cost of it of carrying out its functions.
78.Subsection (4) allows the Secretary of State to provide by regulations that the collection and enforcement measures in the Child Support Act 1991 also apply to fees payable.
79.Subsection (5) provides that the Secretary of State may by regulations make provision for a person affected by a decision of the Commission under regulations made under subsection (1) to have a right of appeal against the decision to an appeal tribunal.
80.Subsection (6)provides that subsections (3) to (5), (7) and (8) of Section 20 of the Child Support Act 1991 (appeals to appeal tribunals) will also apply to appeals against a decision of the Commission concerning fees.
81.Subsection (7) requires the Commission to pay into the Consolidated Fund any amount which it receives in fees.