Modifications etc. (not altering text)
C1Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
[F1(1)The regulator may charge—
(a)a fee for initial registration, and
(b)an annual fee for continued registration.
(2)Except in the case of a local authority, the regulator may make initial or continued registration conditional upon payment of the fee.]
(3)The regulator shall—
(a)prescribe the amount of a fee, and
(b)make provision about the periods during which and in respect of which annual fees are payable.
(4)The regulator may set different fees, and make different provision, for different cases or circumstances.
(5)Fees must be set in accordance with principles which the regulator prepares and publishes and which are designed to ensure that so far as is reasonably practicable—
(a)fee income matches expenditure on the performance of [F2the regulator's] functions,
(b)each fee is reasonable and proportionate to the costs to which it relates, and
(c)actual or potential registered providers can see the relationship between the amount of a fee and the costs to which it relates.
(6)The principles—
(a)shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and
(b)may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).
(7)Principles do not have effect until approved by the Secretary of State.
(8)In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.
(9)The [F3HCA's] accounts shall show—
(a)fees received, and
(b)fees outstanding.
[F4(10)The functions of billing for and receiving the payment of fees under this section are exercisable by the HCA rather than by the HCA acting through its Regulation Committee.]
Textual Amendments
F1S. 117(1)(2) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 16
F2Words in s. 117(5)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 37(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F3Word in s. 117(9) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 37(3); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F4S. 117(10) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 37(4); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
Commencement Information
I1S. 117 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)
I2S. 117 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)