Law Derived from the European Union (Wales) Act 2018

Power to provide for fees or charges: new functions

1 (1) The Welsh Ministers may by regulations make provision for, or in connection with, the charging of fees or other charges in connection with the exercise of a function (“the relevant function”) that a public authority has by virtue of provision made under any of the following sections—

(a) section 3 (powers to make provision corresponding to direct EU law);

(b) section 4 (powers to restate EU derived enactments);

(c) section 5 (powers to specify provision made under EU related powers as continuing to have effect);

(d) section 9 (powers relating to compliance with international obligations);

(e) section 10 (powers to implement the withdrawal agreement);

(f) section 11 (power to implement EU obligations).

(2) Regulations under this paragraph may (among other things)—

(a) specify the fees or charges or make provision as to how they are to be determined;

(b) provide for the recovery or disposal of any sums payable under the regulations;

(c) confer power on the public authority to make, by subordinate legislation, any provision that the Welsh Ministers may make under this paragraph in relation to the relevant function.

(3) Regulations under this paragraph may not—

(a) confer or impose a function on a Minister of the Crown;

(b) remove or modify a pre-commencement function of a Minister of the Crown unless doing so is incidental to, or consequential on, another provision contained in the regulations.