Joint Committee on Statutory Instruments Eighth Report


Appendix 2 S.I. 2003/3363: memorandum from the Department of Trade and Industry

Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003 (S.I. 2003/3363)

1. By a letter of 27th January 2004 the Committee has requested a memorandum on the following point in relation to the above instrument.

Explain how article 3 is intended to apply in the case of a person who was granted an authorisation under section 393 on 1 April in 2003 or an earlier year. Is that person required to pay a fee in accordance with paragraphs (1) and (2) or a fee in accordance with paragraphs (4) and (5)? Or is he (as appears to be the case) required to pay both?

2. In the circumstances outlined by the Committee the policy intention was that fees should only be payable in accordance with paragraphs (4) and (5) and the Department acknowledges that the fee payable by virtue of paragraphs (1) and (2) should not be payable in addition in that limited class of case. The Department is grateful to the Committee for drawing this point to its attention and will bring forward an amending instrument at the earliest opportunity.

2nd February 2004


 
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