Explanatory Notes

Clause 28: Ancillary fee-charging powers

303 Amendments to Schedule 4 of the EU (Withdrawal) Act 2018 allow the fee-charging powers that already exist under that Act to also be used in connection with the Other Separation Issues, and the Protocol on Ireland/Northern Ireland.

304 This allows appropriate authorities that have been given functions under new sections 8B and section 8C (or the corresponding powers for the devolved authorities at new Part 1B and Part 1C of Schedule 2) to make provision in connection with fees or other charges. Regulations made under these powers which do not relate to the altering of a fee or charge to reflect changes in the value of money are subject to the affirmative procedure. Otherwise, the negative procedure applies. The time limit for existing powers in the EU (Withdrawal) Act 2018 does not apply here.

 

Prepared 19th December 2019