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Section 45 Regulations as to charges.C1C2

England, Wales and Scotland

(1)

F1The Secretary of State may make regulations requiring or authorising charges to be imposed by enforcement authorities in respect of things done F2or to be done by them which they are required or authorised to do by or under this Act.

(2)

Regulations under this section may include such provision as the Secretary of State see fit as regards charges for which the regulations provide and the recovery of such charges; and nothing in the following provisions shall prejudice this.

(3)

Regulations under this section may provide that the amount of a charge (if imposed) is to be at the enforcement authority’s discretion or to be at its discretion subject to a maximum or a minimum.

(4)

Regulations under this section providing that a charge may not exceed a maximum amount, or be less than a minimum amount, may—

(a)

provide for one amount, or a scale of amounts to cover different prescribed cases; and

(b)

prescribe, as regards any amount, a sum or a method of calculating the amount.

Annotations

Textual amendments

F1

Words in s. 45(1)(2) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F2

Words in s. 45(1) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 20 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications

C1

S. 45: transfer of functions (23.3.2005) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 1, Sch. (with art. 6)

C2

S. 45: power to apply in part for certain purposes conferred (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), ss. 49(2)(c)(x), 63(2) (with s. 62); S.S.I. 2015/99, art. 2