Search Legislation

Immigration Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Immigration Act 2014, Section 68 is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 68:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

68FeesU.K.

This section has no associated Explanatory Notes

(1)The Secretary of State may provide, in accordance with this section, for fees to be charged in respect of the exercise of functions in connection with immigration or nationality.

(2)The functions in respect of which fees are to be charged are to be specified by the Secretary of State by order (“a fees order”).

(3)A fees order—

(a)must specify how the fee in respect of the exercise of each specified function is to be calculated, and

(b)may not provide for a fee to be charged in respect of the exercise of a function otherwise than in connection with an application or claim, or on request.

(4)For any specified fee, a fees order must provide for it to comprise one or more amounts each of which is—

(a)a fixed amount, or

(b)an amount calculated by reference to an hourly rate or other factor.

(5)Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it—

(a)must specify a maximum amount for the fee (or part), and

(b)may specify a minimum amount.

(6)Where a fees order provides for a fee (or part of a fee) to be calculated as mentioned in subsection (4)(b), it—

(a)must specify—

(i)how the fee (or part) is to be calculated, and

(ii)a maximum rate or other factor, and

(b)may specify a minimum rate or other factor.

(7)For any specified fee, the following are to be set by the Secretary of State by regulations (“fees regulations”)—

(a)if the fee (or any part of it) is to be a fixed amount, that amount;

(b)if the fee (or any part of it) is to be calculated as mentioned in subsection (4)(b), the hourly rate or other factor by reference to which it (or that part) is to be calculated.

(8)An amount, or rate or other factor, set by fees regulations for a fee in respect of the exercise of a specified function—

(a)must not—

(i)exceed the maximum specified for that amount, or rate or other factor;

(ii)be less than the minimum, if any, so specified;

(b)subject to that, may be intended to exceed, or result in a fee which exceeds, the costs of exercising the function.

(9)In setting the amount of any fee, or rate or other factor, in fees regulations, the Secretary of State may have regard only to—

(a)the costs of exercising the function;

(b)benefits that the Secretary of State thinks are likely to accrue to any person in connection with the exercise of the function;

(c)the costs of exercising any other function in connection with immigration or nationality;

(d)the promotion of economic growth;

(e)fees charged by or on behalf of governments of other countries in respect of comparable functions;

(f)any international agreement.

This is subject to section 69(5).

(10)In respect of any fee provided for under this section, fees regulations may—

(a)provide for exceptions;

(b)provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);

(c)make provision about—

(i)the consequences of failure to pay a fee;

(ii)enforcement;

(iii)when a fee may or must be paid.

(11)Any provision that may be made by fees regulations by virtue of subsection (10) may be included instead in a fees order (and any provision so included may be amended or revoked by fees regulations).

(12)In this section and sections 69 and 70—

  • costs” includes—

    (a)

    the costs of the Secretary of State, and

    (b)

    the costs of any other person (whether or not funded from public money);

  • fees order” has the meaning given by subsection (2);

  • fees regulations” has the meaning given by subsection (7);

  • function” includes a power or a duty;

  • function in connection with immigration or nationality” includes a function in connection with an enactment (including an enactment of a jurisdiction outside the United Kingdom) that relates wholly or partly to immigration or nationality;

  • specified” means specified in a fees order.

(13)Any reference in this section or section 70 to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—

(a)at particular times or in a particular place;

(b)under particular arrangements;

(c)otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the convenience of applicants, claimants or persons making requests for the exercise of a function.

Modifications etc. (not altering text)

C1Ss. 68-70 extended (with modifications) to Jersey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2016 (S.I. 2016/994), arts. 1(1), 3, Sch.

C2Ss. 68-70 extended (with modifications) to Guernsey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2016 (S.I. 2016/996), arts. 1(1), 4, Sch.

C3S. 68 extended (with modifications) to the Isle of Man by S.I. 2008/680, art. 22, Sch. 9A (as inserted (9.10.2015 for specified purposes and 6.4.2016 in so far as not already in force) by The Immigration (Isle of Man) (Amendment) Order 2015 (S.I. 2015/1765), arts. 1(2), 5, 7) (as amended: (14.3.2019) by S.I. 2019/562, arts. 1, 5, 9, 18; (31.12.2020) by S.I. 2020/1214, arts. 1, 5, 12; (11.11.2021) by S.I. 2021/1277, arts. 1(2), 6)

Commencement Information

I1S. 68 in force at 15.12.2014 by S.I. 2014/2771, art. 8(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources