1988 No. 643
The Department of Transport (Fees) Order 1988
Made
Coming into force
Whereas a draft of this Order has been approved by a resolution of the House of Commons in pursuance of section 102(5) of the Finance (No.2) Act 19871;
Now, therefore, the Secretary of State for Transport, in exercise of the powers conferred by section 102 of that Act, hereby makes the following Order:—
Citation, commencement and interpretation
I11
1
This Order may be cited as the Department of Transport (Fees) Order 1988 and shall come into force on 1st April 1988.
2
In this Order “the Act” means the Finance (No.2) Act 1987.
I22
In relation to each of the powers to fix a fee listed in column 1 of the Tables in Schedule 1 to this Order in respect of the subject matters set out in that column the functions specified for the purposes of section 102(3) of the Act shall, as respects each subject matter, be those functions listed against that power in column 2 of the Tables.
I33
In relation to each function listed in column 2 of the Tables in Schedule 1 to this Order as respects a subject matter set out in column 1 the matters specified for the purposes of section 102(4) of the Act shall be such of the matters set out in Schedule 2 to this Order as are listed in column 3 of the Tables against that subject matter.
I13SCHEDULE 1
Sch. 1 Table 1 omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(a)
Words in Sch. 1 Table 2 omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 1 Table 2 item A(i) substituted (17.3.2009) by The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(3)(a)(i)
Words in Sch. 1 Table 2 item A(i) omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 1 Table 2 substituted (17.3.2009) by The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(3)(b)
Words in Sch. 1 Table 2 item B(i) omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Sch. 1 Table 2 item B(i) omitted (17.3.2009) by The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(3)(a)(ii)
Sch. 1 Table 2 item D(iii) omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 1 Table 2 item E(i) substituted (17.3.2009) by The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(3)(a)(iv)
Words in Sch. 1 Table 2 item E(i) omitted (31.12.2020) by virtue of The Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1121), regs. 1, 2(2)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Sch. 1 Table 3 substituted (1.7.1995) by The Department of Transport (Fees) (Amendment) Order 1995 (S.I. 1995/1684), arts. 1, 3(1), Sch. 1
Sch. 1 Table 3 items 1-4A omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(b)
Sch. 1 Table 3 item 5A inserted (23.7.1996) by The Department of Transport (Fees) (Amendment) Order 1996 (S.I. 1996/1961), arts. 1, 2(3)
Sch. 1 Table 3 Item 6 revoked (21.11.2003) by The Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003 (S.I. 2003/2994), arts. 1(1), 4
Sch. 1 Table 3 item 7A inserted (11.4.2003) by The Department of Transport (Fees) (Amendment) Order 2003 (S.I. 2003/1094), art. 1, Sch. 1 Pt. 2
Words in Sch. 1 Table 3 item 12 substituted (11.4.2003) by The Department of Transport (Fees) (Amendment) Order 2003 (S.I. 2003/1094), art. 1, Sch. 1 Pt. 3
Sch. 1 Table 4 omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(c)
Sch. 1 Table 5 (except item 3A) omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(d)
Sch. 1 Table 6 omitted (17.3.2009) by virtue of The Department for Transport (Fees) Order 2009 (S.I. 2009/711), arts. 1, 10(2)(e)
(1) | (2) | (3) |
---|---|---|
Fee—Fixing Power | Specified Functions | Specified matters as set out in Schedule 2, which apply. |
Section 56(1)— | ||
power to prescribe in regulations the fees and charges for services or facilities provided or authorisations, certificates or other documents issued in pursuance of F16... any international agreement or arrangement, in respect of— | ||
A. International road haulage permits; |
| F14Paragraphs 1 to 8 |
B. Type approval certificates; |
| F14Paragraphs 1 to 8 |
C. Certificates of conformity of vehicles to the European Agreement concerning the International Carriage of Dangerous Goods by road (ADR) and of compliance with the Customs Convention on the International Transport of Goods under cover of TIR Carnets of 15th November 19756 |
| F14Paragraphs 1 to 8 |
D. Approval of tachograph calibration centres; |
| F14Paragraphs 1 to 8 |
E. International road passenger transport authorisations. |
| F14Paragraphs 1 to 8 |
(1) | (2) | (3) |
---|---|---|
Fee-Fixing Power | Specified Functions | Specified matters as set out in Schedule 2, which apply. |
F7. . . | F7. . . | F7. . . |
F7. . . | F7. . . | F7. . . |
F7. . . | F7. . . | F7. . . |
F7. . . | F7. . . | F7. . . |
F7. . . | F7. . . | F7. . . |
| The functions of the Secretary of State in relation to tests of competence to drive a motor vehicle under Part III of the Road Traffic Act 1988. | Paragraphs 1 to 8. |
| The functions of the Secretary of State in relation to tests of competence to drive motor vehicles under Part III of the Road Traffic Act 1988. | Paragraphs 1 to 8. |
F5. . . | F5. . . | F5. . . |
|
| Paragraphs 1 to 8. |
| (i) The functions of the Secretary of State under the regulations. | Paragraphs 1 to 8. |
| ||
| ||
The entry of a person’s name in the register of approved driving instructors. | The functions of the Secretary of State and the Registrar in relation to the register of approved driving instructors under the Road Traffic Act 1988 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 8. |
| ||
The entry of a person’s name in the register of approved driving instructors, with an indication that he is a disabled person. | The functions of the Secretary of State and the Registrar in relation to the register of approved driving instructors under the Road Traffic Act 1988 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 8. |
| The functions of the Secretary of State and the Registrar in relation to the register of approved driving instructors under the Road Traffic Act 1988 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 8. |
| ||
The grant of a licence to give instruction in the driving of a motor car. | The functions of the Secretary of State and the Registrar in relation to the register of approved driving instructions under the Road Traffic Act 1988 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraphs 1 to 8. |
| ||
| The functions of the Secretary of State and the Registrar in relation to the registrar of approved driving instructors under the Road Traffic Act 1988 including, without prejudice to the generality of the foregoing, the investigation and prosecution of offences and enforcement action. | Paragraph 1 to 8. |
|
F8... | ||
---|---|---|
F8. . . | ||
F8. . . | F8. . . | F8. . . |
(1) | (2) | (3) |
---|---|---|
Fee—Fixing Power | Specified Functions | Specified matters as set out in Schedule 2, which apply. |
F9. . . | F9. . . | F9. . . |
3. Section 52(1) as applied by section 126(1) of the Transport Act 1985 — power to prescribe in regulations the fees in respect of— | ||
A. Applications for and the grant of London local service licences; |
| Paragraphs 1 to 7. |
F9. . . | F9. . . | F9. . . |
SCHEDULE 2
I41
All costs incurred by the Secretary of State, F15... licensing authorities, traffic commissioners and the Registrar of approved driving instructors which are directly attributable to the functions specified in Schedule 1 above.
I52
That proportion of the costs, not falling within paragraph 1 above, incurred by, or on behalf of, any of the persons specified in paragraph 1 above, in relation to staff, equipment, premises, facilities and matters connected, whether directly or indirectly, therewith, being the proportion which falls to be attributed to any of the functions specified in Schedule 1 above.
I63
A return on the resources employed in carrying out any of the functions specified in Schedule 1 above.
I74
The allocation of a sum in respect of matters which would otherwise be covered by insurance, the allocation of a sum in respect of superannuation payments and provision for bad debts, in relation to any of the functions specified in Schedule 1 above.
I85
Amounts recovered in relation to any of the functions specified in Schedule 1 above other than from such fees as are referred to in this Order.
I96
The allocation, over a period of years, of an initial or exceptional cost in relation to any of the functions specified in Schedule 1 above.
I107
In respect of any function of any of the persons specified in paragraph 1 above consisting of the payment or remittance of any sum or amount, both the sum or amount in question and the cost incurred in effecting the payment or remittance.
I118
The recovery of any past deficits incurred in relation to any of the functions specified in Schedule 1 above.
I129
Value added tax.
(This note is not part of the Order)
Sch. 1 in force at 1.4.1988, see art. 1(1)