PART 9

Miscellaneous and general

Fees

Fees for applications etc.
94
1
The Scottish Ministers may by regulations make provision for the payment of a charge or fee, in respect of the matters mentioned in subsection (2), to the following persons—
a
the licensing authority,
b
the Scottish Ministers,
c
a local authority,
d
a person designated by the Scottish Ministers under section 37(b),
e
the permit authority.
2
The matters are—
a
in relation to the licensing authority—
i
the performance by the licensing authority of any of the licensing authority's functions under this Act,
ii
anything done by the licensing authority that is calculated to facilitate, or is conducive or incidental to, the performance of any such function,
b
in relation to the Scottish Ministers—
i
the performance by the Scottish Ministers of any of the their functions under Part 2,
ii
anything done by them that is calculated to facilitate, or is conducive or incidental to, the performance of any such function,
c
in relation to a local authority—
i
the performance by a local authority of any if its functions under Part 2 as the appropriate consent authority,
ii
anything done by the local authority that is calculated to facilitate, or is conducive or incidental to, the performance of any such function,
d
in relation to a person designated by the Scottish Ministers under section 37(b)—
i
the performance by that person of any of the person's functions as the enforcement authority for the purposes of Part 2,
ii
anything done by that person that is calculated to facilitate, or is conducive or incidental to, the performance of any such function,
e
in relation to the permit authority—
i
the performance by the permit authority of any of the permit authority's functions under Part 4,
ii
anything done by the permit authority that is calculated to facilitate, or is conducive or incidental to, the performance of any such function.
3
Regulations under subsection (1) may in particular—
a
specify the person by whom the charge or fee is to be paid,
b
specify charges or fees or provide for charges or fees to be determined by reference to such factors as may be specified in or determined under the regulations,
c
provide for the remission or repayment of fees in such circumstances as may be specified in or determined under the regulations.
4
Where regulations under subsection (1) provide for a fee to be charged in respect of any application under this Act made to a person mentioned in paragraph (a), (b), (c) or (e) of that subsection, the person need not consider the application unless and until the fee is paid.