PART 4F1Approved and Designated Bodies
Fees of F2approved bodies and designated bodies33
1
Subject to paragraph (2), F3an approved body or a designated body may charge such a fee in connection with, or incidental to, carrying out its functions in relation to these Regulations as it may determine.
2
The fee charged pursuant to paragraph (1) must not exceed the sum of the following—
a
the costs incurred or to be incurred by the F4approved body or the designated body in carrying out relevant work; and
b
an amount of profit which is reasonable in the circumstances having regard to—
i
the character and extent of the work carried out by the F5approved body or the designated body on behalf of the person commissioning the work; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
3
Subject to paragraph (4) the power in paragraph (1) includes the power to require the payment of a fee, or a reasonable estimate of the fee, in respect of the work commissioned in advance of carrying out that work.
4
Unless the parties otherwise agree, an amount charged in accordance with paragraph (3) must not exceed a reasonable estimate of the fee for the work for the three months subsequent to the request for the advance payment.
Pt. 4 heading substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(35); 2020 c. 1, Sch. 5 para. 1(1)