Part 5 General

39 Fees
(1) Regulations may make provision requiring a fee to be paid to the appropriate authority in respect of the exercise of any function conferred by or under Part 2 or Part 3.
(2) In this section “appropriate authority” means—
(a) in relation to a function conferred by or under Part 2, the Secretary of State;
(b) in relation to a function conferred by or under under Part 3, the Food Standards Agency.
(3) Regulations which require the payment of a fee must prescribe—
(a) the amount of the fee, or
(b) how the amount of the fee is to be calculated.
(4) In prescribing the amount of a fee in respect of a function (or any other amount by reference to which the fee is to be calculated) the Secretary of State may have regard to the desirability of securing that, as far as practicable and taking one year with another, the following are equal—
(a) income of the appropriate authority from fees referable to the function, and
(b) expenditure incurred by—
(i) the Secretary of State, in the case of a function conferred by or under Part 2, or
(ii) the Secretary of State, the Food Standards Agency or enforcement authorities, in the case of a function conferred by or under Part 3,
in exercising the function (including a reasonable share of expenditure which is referable only partly or indirectly to the exercise of that function).
(5) Regulations under this section are subject to the affirmative procedure.

S. 39 in force at Royal Assent for specified purposes, see s. 48(3)(a)