Regulation 13 Transitional and saving provisions

(1)

Subject to paragraph (2), any charging scheme made in accordance with the Building (Local Authority Charges) Regulations 2010 continues in force and has effect as if it were made in accordance with these Regulations.

(2)

Notwithstanding paragraph (1), a free hour provision in any charging scheme referred to in paragraph (1) ceases to apply on the commencement date.

(3)

Paragraph (4) applies where—

(a)

an authority first make a charging scheme under these Regulations, and

(b)

that scheme first takes effect at any time other than at the beginning of a financial year.

(4)

Where this paragraph applies, in determining the charges under their charging scheme, an authority must have regard to any estimated surplus or deficit arising for that part of the financial year for which any existing scheme made under the Building (Local Authority Charges) Regulations 2010 continues to have effect.

(5)

In this regulation—

“commencement date” means the date referred to in regulation 1(4);
“free hour provision” means a provision in a charging scheme under which no charge is made for the first hour of time spent by an officer of the local authority in providing advice in relation to a chargeable function.