Part 5

Applications for orders granting development consent
Chapter 4

Fees

Power to provide for fees for certain services in relation to nationally significant infrastructure projects
54A
1
The Secretary of State may make regulations for and in connection with the charging of fees by prescribed public authorities in relation to the provision of relevant services.
2
A “
relevant service
” means any advice, information or other assistance (including a response to a consultation) provided in connection with—
a
an application or proposed application—
i
for an order granting development consent, or
ii
to make a change to, or revoke, such an order, or
b
any other prescribed matter relating to nationally significant infrastructure projects.
3
The regulations under subsection (1) may in particular make provision—
a
about when a fee (including a supplementary fee) may, and may not, be charged;
b
about the amount which may be charged;
c
about what may, and may not, be taken into account in calculating the amount charged;
d
about who is liable to pay a fee charged;
e
about when a fee charged is payable;
f
about the recovery of fees charged;
g
about waiver, reduction or repayment of fees;
h
about the effect of paying or failing to pay fees charged (including provision permitting a public authority prescribed under subsection (1) to withhold a relevant service that they would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);
i
for the supply of information for any purpose of the regulations;
j
conferring a function, including a function involving the exercise of a discretion, on any person.
4
A public authority prescribed under subsection (1) must have regard to any guidance published by the Secretary of State in relation to the exercise of its functions under the regulations.
5
In this section, “
public authority
” means any person certain of whose functions are of a public nature.
Pt. 5 Ch. 4 inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 126(1), 255(3)(a) (with s. 247)