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Section 167 Fees and charges for exercising functionsI1I2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Welsh Ministers may by regulations require the payment of a fee or charge to a planning authority for—

(a)

performing any of its functions under Part 3, Part 4, this Part or Part 7 as it applies for the purposes of any of those Parts;

(b)

doing anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of those functions.

(2)

Regulations under this section may in particular—

(a)

make provision about when a fee or charge must be paid;

(b)

make provision about who must pay a fee or charge;

(c)

make provision about how a fee or charge is to be calculated (including who is to make the calculation);

(d)

specify circumstances in which a fee or charge is to be waived or refunded (wholly or in part);

(e)

specify circumstances in which no fee or charge is to be paid;

(f)

make provision about the effect of paying or failing to pay a fee or charge in accordance with the regulations (which may include provision that amends, repeals or revokes any enactment, including any provision of this Act);

F1(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

If regulations under this section provide for a planning authority to calculate the amount of any fees or charges, the authority must ensure that, taking one financial year with another, its income from the fees or charges does not exceed the cost of performing the functions, or doing the things, to which they relate.

Annotations

Textual amendments

F1

S. 167(2)(g) omitted (28.4.2026) by virtue of Planning (Consequential Provisions) (Wales) Act 2026 (asc 7), s. 5(1), Sch. 3 para. 56(b) (with Sch. 5 Pt. 1)

Commencement

I1

S. 167 not in force at Royal Assent, see s. 212(2)

I2

S. 167 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)

Notes on Part 5

Modifications

C1

Pts. 3-5 applied (4.11.2024) by S.I. 1999/1736, art. 11(1) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 23(a))