Chapter 4Fees

54APower to provide for fees for certain services in relation to nationally significant infrastructure projects

1

The Secretary of State may make regulations for and in connection with the charging of fees by prescribed public authorities in relation to the provision of relevant services.

2

A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided in connection with—

a

an application or proposed application—

i

for an order granting development consent, or

ii

to make a change to, or revoke, such an order, or

b

any other prescribed matter relating to nationally significant infrastructure projects.

3

The regulations under subsection (1) may in particular make provision—

a

about when a fee (including a supplementary fee) may, and may not, be charged;

b

about the amount which may be charged;

c

about what may, and may not, be taken into account in calculating the amount charged;

d

about who is liable to pay a fee charged;

e

about when a fee charged is payable;

f

about the recovery of fees charged;

g

about waiver, reduction or repayment of fees;

h

about the effect of paying or failing to pay fees charged (including provision permitting a public authority prescribed under subsection (1) to withhold a relevant service that they would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);

i

for the supply of information for any purpose of the regulations;

j

conferring a function, including a function involving the exercise of a discretion, on any person.

4

A public authority prescribed under subsection (1) must have regard to any guidance published by the Secretary of State in relation to the exercise of its functions under the regulations.

5

In this section, “public authority” means any person certain of whose functions are of a public nature.