Part 1: Charging in connection with certain new functions
- Part 1 of Schedule 4 gives ministers of the Crown and devolved authorities a power to make secondary legislation to enable public authorities to charge fees and other charges, such as levies.
- Paragraph 1 provides that where a public authority has a new function under the powers in sections 8 or 9 or the equivalent powers in Schedule 2, an appropriate authority may make regulations enabling the public authority to charge fees or other charges, such as levies, in connection with carrying out that function. Sub-paragraph (3) mentions some of the things that this power may do. In particular it may set the amounts of fees or charges or say how they are to be determined, for example by a formula. It may also provide for how the money is collected and spent. Sub-paragraph (3)(c) provides that regulations made under this power can sub-delegate this power to the public authority that has the function. The parliamentary scrutiny procedures for the exercise of the power are set out in Part 2 of Schedule 7 .
- Paragraph 2 sets out the meaning of ‘appropriate authority’ for the use of this power. This includes ministers of the Crown. It also includes devolved authorities in circumstances where the function has been conferred by them, the function has been conferred on them, or the provision to confer the function would have been within the competence of the relevant devolved legislature (ignoring the requirements not to act incompatibly with EU law or any restrictions on modifying retained EU law).
- Paragraph 3 provides that a Minister of the Crown can only set fees or charges under this power with the consent of the Treasury. A devolved authority can only set fees or charges for functions of a Minister of the Crown or a body with cross-border functions with the consent of a Minister of the Crown.
- Paragraph 4 gives a Minister of the Crown the power to establish additional circumstances where a devolved authority can use the power and to disapply consent requirements for a devolved authority to use the power where it is appropriate to do so.
- Paragraph 5(1) makes clear that the temporary power in Part 1 can only be used for up to two years after exit day as it expires at that point. Paragraph 5(2) makes clear that, after the powers cease to apply, they can be used to revoke provisions made under the power and to alter them in limited ways such as the amounts of the fees or charges or how they are to be determined. Paragraph 5(3) makes clear that it is the power and not the regulations which expires.
- Paragraph 6 clarifies that this power does not affect any other power in the Act or elsewhere that might make provision for fees or other charges.
Power to provide for fees or charges
Meaning of "appropriate authority"
Requirements for consent
Minister of the Crown power in relation to devolved authorities
Time limit for making certain provision
Relationship to other powers
