Complaints procedure

4Fees

I31

The Department shall by regulations prescribe the maximum fee which may be determined by a council under section 3(1)(b).

I12

A fee received by a council under section 3(1)(b)—

a

must be refunded by it where subsection (3) applies; and

b

may be refunded by it in such other circumstances and to such extent as it may determine.

I13

This subsection applies where—

a

a fee is paid to the council under section 3(1)(b) in connection with the making of a complaint to which this Act applies;

b

a remedial notice is issued by, or on behalf of, the council in respect of the complaint; and

c

the remedial notice takes effect.

I44

Regulations may make provision, in relation to a case where subsection (3) applies, for the payment to the council by any person who is an occupier or owner of the neighbouring land of a fee of such amount (if any) as the council may determine.

I25

Regulations under subsection (4) may in particular—

a

provide for the fee not to exceed such amount as may be prescribed by the regulations;

b

provide that, where two or more persons are liable to pay the fee, those persons are jointly and severally liable;

c

provide for the fee to be refunded in such circumstances or to such extent as may be prescribed by, or determined in accordance with, the regulations.