The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

Services under Article 35

16.—(1) The Secretary of State may charge a reasonable fee in respect of the provision of a service under Article 35 (1) or (2) of the Convention.

(2) The Welsh Ministers may charge a reasonable fee in respect of the provision of a service under Article 35(1) or (2) of the Convention.

(3) The Department of Justice may charge a reasonable fee in respect of the provision of a service under Article 35(1) or (2) of the Convention.

(4) A request under Article 35(2) of the Convention is to be made—

(a) if the parent making the request resides in England and Wales, to the local authority in whose area the parent resides, and

(b) if the parent making the request resides in Northern Ireland, to the Department of Justice.

(5) A local authority in England may charge a reasonable fee in respect of the provision of a service under Article 35(1) or (2) of the Convention.

(6) A local authority in Wales may charge a reasonable fee in respect of the provision of a service under Article 35(1) or (2) of the Convention.

(7) A fee is “reasonable” for the purposes of this regulation if the income from fees of that kind equates as nearly as possible to the costs of providing the service to which the fees relate (including a reasonable share of expenditure which is referable only partly or only indirectly to the provision of that service).