Economic Crime and Corporate Transparency Act 2023

93 Fees: costs that may be taken into account

(1) Section 1063 of the Companies Act 2006 (fees) is amended as follows.

(2) After subsection (3) insert—

“(3A) In deciding what provision to make under subsection (3)(a), the Secretary of State may take into account any costs incurred or likely to be incurred by any person for the purposes of the carrying out of—

(a) any function of the Secretary of State under or in connection with—

• the Limited Partnerships Act 1907;

• Part 14 of the Companies Act 1985;

• the Company Directors Disqualification Act 1986;

• the Limited Liability Partnerships Act 2000;

• Part 1 of the Economic Crime (Transparency and Enforcement) Act 2022;

• this Act;

(b) any function of a Northern Ireland department under or in connection with the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4));

(c) any function of the Secretary of State under or in connection with regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 that make provision in connection with licences of the kind mentioned in section 15(3A) of that Act;

(d) any function of the Secretary of State under or in connection with the Insolvency Act 1986, so far as relating to bodies corporate or other firms;

(e) any function of a Northern Ireland department under or in connection with the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), so far as relating to bodies corporate or other firms;

(f) any function carried out by the Insolvency Service on behalf of the Secretary of State in connection with the detection, investigation or prosecution of offences, or the recovery of the proceeds of crime, so far as relating to bodies corporate or other firms;

(g) any function carried out by the Insolvency Service in Northern Ireland on behalf of a Northern Ireland department in connection with the detection, investigation or prosecution of offences, or the recovery of the proceeds of crime, so far as relating to bodies corporate or other firms.”

(3) In subsection (4), for “this section” substitute “subsection (1)”.

(4) After subsection (6) insert—

“(6A) The Secretary of State may by regulations amend—

(a) the reference in subsection (3A)(f) to functions carried out by the Insolvency Service on behalf of the Secretary of State, so long as the functions referred to are functions of the Secretary of State that are of a similar nature;

(b) the reference in subsection (3A)(g) to functions carried out by the Insolvency Service in Northern Ireland on behalf of a Northern Ireland department, so long as the functions referred to are functions of a Northern Ireland department that are of a similar nature.

(6B) Regulations under subsection (6A) are subject to affirmative resolution procedure.”