PART 6

Miscellaneous

Fees

Power to charge fees for attendance services in particular cases
70
1
This section applies where a person exercises a function in connection with immigration or nationality in respect of which a fee is chargeable by virtue of a fees order (a “chargeable function”) in a particular case and—
a
in doing so attends at a place outside the United Kingdom, and time, agreed with a person (“the client”), and
b
does so at the request of the client.
It is immaterial whether or not the client is a person in respect of whom the chargeable function is exercised.
2
In this section “attendance service” means the service described in subsection (1) except so far as it consists of the exercise of a chargeable function.
3
The following are to be disregarded in determining whether a fee is chargeable in respect of a function by virtue of a fees order—
a
any exception provided for by a fees order or fees regulations;
b
any power so provided to waive or refund a fee.
4
The person exercising the chargeable function may charge the client such fee for the purposes of recovering the costs of providing the attendance service as the person may determine.
5
Fees paid to the Secretary of State by virtue of this section must be paid into the Consolidated Fund.
6
A fee payable by virtue of this section may be recovered as a debt due to the Secretary of State.
7
This section is without prejudice to—
a
section 68;
b
section 1 of the Consular Fees Act 1980 (fees for consular acts etc);
c
section 102 of the Finance (No. 2) Act 1987 (government fees and charges), or
d
any other power to charge a fee.
S. 70 in force at 28.7.2014 by S.I. 2014/1820, art. 3(v) (with art. 7)
Ss. 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.
Ss. 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.
S. 70 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)