Regulation 5 The determination fee

(1)

A fee must be paid to the Welsh Ministers for determining an application (“the determination fee”).

(2)

The determination fee is the aggregate of—

(a)

a fixed fee in the amount set out in row 4 of column 3; and

(b)

any costs and disbursements actually incurred by or on behalf of the Welsh Ministers in connection with determining the application.

(3)

The costs referred to in paragraph (2)(b) include any reasonable legal costs or other disbursements incurred or paid by or on behalf of the Welsh Ministers in connection with determining the application.

(4)

The Welsh Ministers may invoice the applicant—

(a)

for the fixed fee at any time after conclusion of examination of the application, and

(b)

in respect of costs and disbursements at reasonable intervals.

(5)

Any fee due under this regulation must be received by the Welsh Ministers within the period of 21 days beginning with the date the relevant invoice is sent.

(6)

If the applicant fails to pay any fee due under this regulation within the period specified in paragraph (5), the Welsh Ministers need take no further steps in relation to the application until payment has been received by them.

(7)

If the applicant fails to pay any fee due under this regulation within the period of 12 weeks beginning on the expiry of the period specified in paragraph (5), the application is deemed to have been withdrawn.

(8)

The determination fee remains payable notwithstanding withdrawal of the application.