- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
7(1)Sub-paragraph (2) applies where any subordinate legislation contains provision (“the charging provision”) for, or in connection with, the charging of fees or other charges that—
(a)was made under section 2(2) of the European Communities Act 1972, section 56 of the Finance Act 1973 or this Part, and
(b)forms part of retained EU law.
(2)Any appropriate authority may by regulations make provision (“the proposed modification”) modifying the subordinate legislation for the purposes of—
(a)revoking the charging provision,
(b)altering the amount of any of the fees or charges that are to be charged,
(c)altering how any of the fees or charges are to be determined, or
(d)otherwise altering the fees or charges that may be charged in relation to anything in respect of which fees or charges may be charged under the charging provision.
8In this Part an “appropriate authority” means a Minister of the Crown, or devolved authority, that could have made the proposed modification—
(a)under section 2(2) of the European Communities Act 1972 immediately before the repeal of that section by section 1, or
(b)under section 56 of the Finance Act 1973 immediately before the amendment of that section by paragraph 17 of Schedule 8.
9(1)Where the charging provision consists solely of 1972 Act provision, regulations under this Part may not impose or increase taxation.
(2)In sub-paragraph (1) “1972 Act provision” means—
(a)provision that is made under section 2(2) of the European Communities Act 1972 and not under section 56 of the Finance Act 1973, including such provision as modified under this Part, or
(b)provision that is made under this Part and is incidental to, or supplements or replaces, provision within paragraph (a).
10If a Minister of the Crown—
(a)is an appropriate authority, and
(b)immediately before the amendment of section 56 of the Finance Act 1973 by paragraph 17 of Schedule 8 could only have made the proposed modification under that section,
the Minister may only make that modification under this Part with the consent of the Treasury.
11This Part does not affect the powers under section 8 or 9 or Schedule 2, or any other power exercisable apart from this Part, to require the payment of, or to make other provision in relation to, fees or other charges.
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: