Levelling-up and Regeneration Act 2023

126 Fees for certain services in relation to nationally significant infrastructure projects

(1) After section 54 of the Planning Act 2008 (rights of entry: Crown land) insert—

“Chapter 4 Fees

54A Power 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.”