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10U.K.After that section insert—
(1)The Secretary of State may by regulations make a scheme for determining the charges that are payable to the Secretary of State in respect of the performance of such of his functions under this Act as are specified in the scheme.
(2)A scheme under this section may, as respects any of those functions—
(a)specify the amount of the charge or a scale of charges by reference to which that amount is to be determined or provide that the charges are to be of such amount, not exceeding that specified in the scheme, as may be decided by the Secretary of State, having regard to the expense incurred by the Secretary of State and to such other factors (if any) as may be so specified;
(b)specify different charges for different cases;
(c)specify the description of person who is liable to pay the charge;
(d)specify the time at which the charge is to be paid.
(3)A scheme under this section may specify the manner in which any charge is to be paid.
(4)Before making a scheme under this section, the Secretary of State must consult the persons who, in his opinion, are likely to be affected by the scheme or any of those persons that he thinks fit.
(5)Where provision is made for a charge to be paid in connection with the performance of a function by the Secretary of State, it is the duty of the Secretary of State to charge accordingly.
But the Secretary of State may waive the whole or part of the charge if the Secretary of State thinks fit to do so in a particular case.
(6)Subsection (5) does not affect the Secretary of State's power to enter into an agreement for the payment to him of charges in respect of the performance of functions in respect of which a scheme under this section does not provide for the payment of a charge.
(7)The inclusion in a licence of a condition as to the payment of charges determined under a scheme under this section does not prevent the Secretary of State from recovering such charges as a debt due to the Secretary of State.”
Commencement Information
I1Sch. 12 para. 10 in force at 26.11.2018 by S.I. 2018/1224, reg. 2(ggg)(ii)
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