Explanatory Notes

Part 1: Charging in connection with certain new functions

196 Part 1 of Schedule 4 gives ministers of the Crown and devolved authorities a power to make secondary legislation to enable public authorities to charge fees and other charges, such as levies.

Power to provide for fees or charges

197 Paragraph 1 provides that where a public authority has a new function under the powers in clauses 7, 8 or 9 or the equivalent powers in Schedule 2, an appropriate authority may make regulations enabling the public authority to charge fees or other charges, such as levies, in connection with carrying out that function. Sub-paragraph (3) mentions some of the things that this power may do. In particular it may set the amounts of fees or charges or say how they are to be determined, for example by a formula. It may also provide for how the money is collected and spent. Sub-paragraph (3)(c) provides that regulations made under this power can sub-delegate this power to the public authority that has the function. Any regulations that sub-delegate the power will be subject to the affirmative scrutiny procedure.

Meaning of "appropriate authority"

198 Paragraph 2 sets out the meaning of ‘appropriate authority’ for the use of this power. This includes ministers of the Crown. It also includes devolved authorities in circumstances where the function has been conferred by them, the function has been conferred on them, or the provision to confer the function would have been within the competence of the relevant devolved legislature (ignoring the requirements not to act incompatibly with EU law or modify retained EU law).

Requirements for consent

199 Paragraph 3 provides that a minister of the Crown can only set fees or charges under this power with the consent of the Treasury. A devolved authority can only set fees or charges for functions of a minister of the Crown or a body with cross-border functions with the consent of a minister of the Crown.

Minister of the Crown power in relation to devolved authorities

200 Paragraph 4 gives a minister of the Crown the power to establish additional circumstances where a devolved authority can use the power and to disapply consent requirements for a devolved authority to use the power where it is appropriate to do so.

Relationship to other powers

201 Paragraph 5 clarifies that this power does not affect any other power in the Bill or elsewhere that might make provision for fees or other charges.


Prepared 13th July 2017