The Department of Transport (Fees) (Amendment) Order 1996

Statutory Instruments

1996 No. 1961

FEES AND CHARGES

The Department of Transport (Fees) (Amendment) Order 1996

Made

22nd July 1996

Coming into force

23rd July 1996

Whereas a draft of this Order has been approved by a resolution of the House of Commons in pursuance of section 102(5) of the Finance (No. 2) Act 1987(1):

Now, therefore, the Secretary of State for Transport, in exercise of the powers conferred by section 102 of that Act, hereby makes the following Order:—

1.  This Order may be cited as the Department of Transport (Fees) (Amendment) Order 1996 and shall come into force on the day after the day on which it is made.

2.—(1) Table III(2) of Schedule 1 to the Department of Transport (Fees) Order 1988(3) shall be amended as follows.

(2) For item 4 there shall be substituted the following items—

“4.   Section 61(1) and (2)(4)— power to prescribe the fees and charges in relation to (a) the provision of services and facilities; and (b) the issue of certificates and other documents, in respect of the approval of the design, construction, equipment and marking of vehicles and parts—
A.   By virtue of section 61(2)(d);	(i) The functions of the Secretary of State in relation to the approval of the design, construction, equipment and marking of vehicles and parts under the Road Traffic Act 1988 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement of action. (ii) The functions of the Secretary of State in relation to the plating and testing of goods vehicles to which regulations under section 49 apply, under the Road Traffic Act 1988. (iii) Any other functions of the Secretary of State in relation to the plating and testing of goods vehicles to which regulations under section 49 apply.	Paragraphs 1 to 7.
B.   By virtue of section 61(2)(e);	The functions of the Secretary of State in relation to type approval certification under the Road Traffic Act 1988 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement of action.	Paragraphs 1 to 7.
4A.   Section 63A(3)(5)—power to prescribe in regulations the fees in respect of the determination of plated weights of vehicles otherwise than on an examination under regulation made under section 49 or 61.	(i) Functions of the Secretary of State in relation to the plating and testing of goods vehicles to which regulations under section 49 apply, under the Road Traffic Act 1988. (ii) Any other functions of the Secretary of State in relation to the plating and testing of goods vehicles to which regulations under section 49 apply.	Paragraphs 1 to 7.”

(3) After item 5, there shall be inserted—

“5A.   Section 89(5)(b)(6)—power to prescribe in regulations charges for the supply of forms of certificates evidencing the results of parts of tests.

The functions of the Secretary of State in relation to tests of competence to drive motor vehicles under Part III of the Road Traffic Act 1988.

Paragraphs 1 to 8.”

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

22nd July 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Department of Transport (Fees) Order 1988 in three respects.

First, it makes further provision for the costs and expenses incurred by the Secretary of State in carrying out his functions relating to the approval of the design, construction, equipment and marking of vehicles and parts to be taken into account in the exercise of his power to prescribe changes for the provision of services and facilities in respect of such approval.

Secondly, it makes provision for the costs and expenses incurred by the Secretary of State in carrying out his functions relating to the plating and testing of goods vehicles to be taken into account in the exercise of his power to prescribe charges for altering the plated weights of vehicles without an examination.

Thirdly, it makes provision for the costs and expenses incurred by the Secretary of State in carrying out his functions relating to driving tests to be taken into account in the exercise of his power to prescribe charges for the supply of forms providing evidence of the result of a driving test or a part of such a test.

(1)

1987 c. 51.

(2)

Table III was substituted by S.I. 1995/1684.

(3)

S.I. 1988/643.

(4)

I.e. section 61 of the Road Traffic Act 1988 (c. 52) as amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 19 and Schedule 8.

(5)

I.e. section 63A of the Road Traffic Act 1988 (c. 52). Section 63A was inserted by section 18 of the Transport Act 1982 (c. 49). Section 18 of the 1982 Act was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54) Schedule 2, paragraphs 2 and 7 and modified by the Transport Act 1982 (Commencement No. 7 and Transitional Provisions) Order 1996 (S.I. 1996/1943).

(6)

I.e. section 89(5)(b) of the Road Traffic Act 1988.