Part V FINANCIAL PROVISIONS

CHAPTER I CHARGES

Manner of fixing charges

C1143AF1 Regulations as to provisions to be included in charges schemes.

1

The provisions of any charges scheme under section 143 above must comply with any requirements prescribed by the Secretary of State by regulations.

2

Without prejudice to the generality of subsection (1) above, regulations under this section may—

a

prescribe items with respect to which a consumer is, or is not, to be liable to pay a charge;

b

make provision as to the matters by reference to which charges may be fixed and as to methods and principles to be adopted in calculating and imposing charges;

c

require alternative bases of charging to be made available to consumers; and

d

require special provision, including exemption from specified charges, to be made for the purpose of assisting individuals who are or would be liable to pay any charges and who fall within any class of individuals appearing to the Secretary of State to require special provision.

3

Regulations under this section imposing requirements for the purpose mentioned in subsection (2)(d) may—

a

prescribe the classes of persons for whom special provision is to be made in relation to any premises by reference to matters such as age, ill-health or disability, the age, ill-health or disability of any of their dependants or of any other persons who have their homes in the premises, or their financial circumstances;

b

make provision as to the method by which a person may establish his entitlement to assistance under the regulations; and

c

make provision as to responsibility for costs incurred for the purpose of establishing that entitlement.

4

The power to make regulations under this section may not be exercised for the purpose of limiting the total revenues of relevant undertakers from charges fixed by or in accordance with charges schemes.