(1)[F1In prescribing a fee under section 51 of the Immigration, Asylum and Nationality Act 2006 (fees) in connection with a matter specified in subsection (2) ]the Secretary of State mayF2...prescribe an amount which is intended to—
(a)exceed the administrative costs of determining the application or undertaking the process, and
(b)reflect benefits that the Secretary of State thinks are likely to accrue to the person who makes the application, to whom the application relates or by or for whom the process is undertaken, if the application is successful or the process is completed.
[F3(2)Those matters are—
(a)anything done under, by virtue of or in connection with a provision of the British Nationality Act 1981 (c. 61) or of the former nationality Acts (within the meaning given by section 50(1) of that Act),
(b)an application for leave to remain in the United Kingdom,
(c)an application for the variation of leave to enter, or remain in, the United Kingdom,
(d)section 10 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of abode: certificate of entitlement),
[F4(da)an application or process in connection with sponsorship of persons seeking leave to enter or remain in the United Kingdom,]
(e)a work permit, and
(f)any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.]
[F5(2A)Regulations under section 51(3) of the Immigration, Asylum and Nationality Act 2006, specifying the amount of a fee for a claim, application, service, process or other matter in respect of which an order has been made under section 51(1) or (2), may specify an amount which reflects (in addition to any costs referable to the claim, application, service, process or other matter) costs referable to—
(a)any other claim, application, service, process or matter in respect of which the Secretary of State has made an order under section 51(1) or (2),
(b)the determination of applications for entry clearances (within the meaning given by section 33(1) of the Immigration Act 1971),
(c)the determination of applications for transit visas under section 41 of the Immigration and Asylum Act 1999, or
(d)the determination of applications for certificates of entitlement to the right of abode in the United Kingdom under section 10 of the Nationality, Immigration and Asylum Act 2002.]
(3)An Order in Council under section 1 of the Consular Fees Act 1980 (c. 23) (fees) which prescribes a fee in relation to an application for the issue of a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 (right of abode: certificate of entitlement) may prescribe an amount which is intended to—
(a)exceed the administrative costs of determining the application, and
(b)reflect benefits that in the opinion of Her Majesty in Council are likely to accrue to the applicant if the application is successful.
[F6(3A)The amount of a fee under section 1 of the Consular Fees Act 1980 in respect of a matter specified in subsection (2A)(b) to (d) above may be set so as to reflect costs referable to any claim, application, service, process or other matter in respect of which the Secretary of State has made an order under section 51(1) or (2) of the Immigration, Asylum and Nationality Act 2006.]
(4)Where an instrument prescribes a fee in reliance on this section it may include provision for the refund, where an application is unsuccessful or a process is not completed, of that part of the fee which is intended to reflect the matters specified in subsection (1)(b) or (3)(b).
(5)Provision included by virtue of subsection (4)—
(a)may determine, or provide for the determination of, the amount to be refunded;
(b)may confer a discretion on the Secretary of State or another person (whether in relation to determining the amount of a refund or in relation to determining whether a refund should be made).
(6)An instrument may not be made in reliance on this section unless the Secretary of State has consulted with such persons as appear to him to be appropriate.
(7)An instrument may not be made in reliance on this section unless a draft has been laid before and approved by resolution of each House of Parliament (and any provision making the instrument subject to annulment in pursuance of a resolution of either House of Parliament shall not apply).
(8)This section is without prejudice to the power to make an order under section 102 of the Finance (No. 2) Act 1987 (c. 51) (government fees and charges) in relation to a power under a provision specified in this section.
Textual Amendments
F1Words in s. 42(1) substituted (7.3.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 62(1)(2), Sch. 2 para. 6(2)(a); S.I. 2007/467, art. 2
F2Words in s. 42(1) repealed (7.3.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 62(1)(2), Sch. 2 para. 6(2)(b), 3; S.I. 2007/467, art. 2
F3S. 42(2) substituted (7.3.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 62(1)(2), Sch. 2 para. 6(3); S.I. 2007/467, art. 2
F4S. 42(2)(da) inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 20(2), 59(2); S.I. 2008/99, art. 2(i)
F5S. 42(2A) inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 20(3), 59(2); S.I. 2008/99, art. 2(i)
F6S. 42(3A) inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 20(4), 59(2); S.I. 2008/99, art. 2(i)
Commencement Information
I1 S. 42 in force at 1.10.2004 by S.I. 2004/2523 , art. 2 , Sch.