70Power to charge fees for attendance services in particular casesU.K.
(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.
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. 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)
Commencement Information
I1S. 70 in force at 28.7.2014 by S.I. 2014/1820, art. 3(v) (with art. 7)