4.—(1) The Keeper is authorised, in accordance with this article, to make a determination—
(a)increasing; or
(b)decreasing,
any fee set out in Schedule 1 by an amount not exceeding £10.
(2) A determination increasing fees under paragraph (1)(a)—
(a)may only be made where—
(i)necessary to prevent material damage to the Keeper’s financial position; and
(ii)that damage arises from conditions which cannot be otherwise mitigated by action by the Keeper; and
(b)subsists for a maximum period of 2 years from the date on which it comes into effect, after which it ceases to have effect.
(3) A determination decreasing fees under paragraph (1)(b)—
(a)may only be made where it would have no material negative impact on the Keeper’s financial position; and
(b)subsists for a maximum period of one year from the date on which it comes into effect, after which it ceases to have effect.
(4) The Keeper must consult the Scottish Ministers about any such increase or decrease in fees.
(5) Any determination under this article—
(a)must state the date on which it comes into effect; and
(b)may have effect only after a minimum period of 3 months’ notice from the date of its publication on the Keeper’s website(1).