Costs of supervisionU.K.
35.—(1) The Authority F1... and the Commissioners may impose charges—
(a)on applicants for registration;
(b)on relevant persons supervised by them.
(2) Charges levied under paragraph (1) must not exceed such amount as the AuthorityF1... or the Commissioners (as the case may be) consider will enable them to meet any expenses reasonably incurred by them in carrying out their functions under these Regulations or for any incidental purpose.
(3) Without prejudice to the generality of paragraph (2), a charge may be levied in respect of each of the premises at which a person carries on (or proposes to carry on) business.
[F2(4) The Authority must pay to the Treasury any amounts received by the Financial Services Authority during the financial year beginning with 1st April 2012 year by way of penalties imposed under regulation 42 after deducting any amounts the Financial Services Authority has, prior to 1st April 2013, applied towards expenses incurred by it in carrying out its functions under these Regulations or for any incidental purpose.]
[F2(4A) The Authority must in respect of the financial year beginning with 1st April 2013 and each subsequent financial year pay to the Treasury any amounts received by it during the year by way of penalties imposed under regulation 42.]
[F2(4B) The Treasury may give directions to the Authority as to how the Authority is to comply with its duties under paragraphs (4) and (4A).]
[F2(4C) The directions may in particular—
(a)specify the time when any payment is required to be made to the Treasury, and
(b)require the Authority to provide the Treasury at specified times with information relating to penalties that the Authority has imposed under regulation 42.]
[F2(4D) The Treasury must pay into the Consolidated Fund any sums received by them under this regulation.]
(5) In paragraph (2), “expenses” in relation to the [F3Authority] includes expenses incurred by a local weights and measures authority or DETI pursuant to arrangements made for the purposes of these Regulations with the [F3Authority]—
(a)by or on behalf of the authority; or
(b)by DETI.
Textual Amendments
F1Words in reg. 35(1)(2) omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 31(8)(a) (with Sch. para. 32(3))
F2Reg. 35(4)-(4D) substituted for reg. 35(4) (1.4.2013) by The Payment to Treasury of Penalties Regulations 2013 (S.I. 2013/429), regs. 1, 2(1)
F3Word in reg. 35(5) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 31(8)(b)