1.This Explanatory Memorandum has been prepared by the Home Office at the request of the Joint Committee on Statutory Instruments (“the Committee”) in a letter dated 25 April 2018.
2.The Committee requested a memorandum on the following point:
Given that article 4 revokes the 2015 Order on 6 April 2018, explain how fees are payable under that Order on or after that date as appears to be envisaged by article 2(1). (This question applies in particular in the case of a person who does not hold a licence before that date.)
3.The Home Office believes that the operation of article 2 of the 2015 Order triggered a requirement to pay the specified annual fee from 1st April 2018 for any licence holder who holds a licence during the following year and that this requirement was not extinguished by the revocation of that Order due to the operation of section 16(1)(c) of the Interpretation Act 1978. This would mean that a person applying for a licence after 6 April 2018 is required to pay the fee specified in the 2015 Order as well as the additional fee specified in the 2018 Order.
4.If the Committee requires any further information the Home Office would be happy to provide it.
27 April 2018
Published: 11 May 2018