Regulation 3 Power to charge fees in relation to the provision of relevant services

(1)

Subject to the provisions of this regulation, a prescribed public authority may charge fees to a highway authority^f1 in relation to the provision of a relevant service^f2.

(2)

The public authority may charge fees under paragraph (1) only in accordance with a statement published on its website which—

(a)

describes the relevant services for which fees are charged,

(b)

sets out the fees or, if applicable, the method by which fees are to be calculated, and

(c)

refers to any provision in an enactment pursuant to which the relevant services are provided.

(3)

The fees may take account of the costs of anything that is reasonably incidental to the provision of the relevant service by the public authority.

(4)

The fees charged in relation to the provision of a relevant service must not exceed the costs reasonably incurred or to be incurred by the public authority in providing the relevant service.

(5)

This regulation is without prejudice to any power to charge fees under section 43(1) of the Environment Act 1995^f3, section 27 of the Marine and Coastal Access Act 2009^f4 and section 33(6) of the National Heritage Act 1983^f5.

Annotations

Footnotes

f1: For the meaning of “highway authority”, see section 1 of the Highways Act 1980. Section 1 was amended by paragraph 1 of Schedule 4 and Schedule 17 to the Local Government Act 1985 (c. 51), section 21(2) of the New Roads and Street Works Act 1991 (c. 22), section 259 of the Greater London Authority Act 1999 (c. 29) and paragraph 2 of Schedule 1 to the Infrastructure Act 2015. There are other amendments to section 1 but none are relevant.
f2: For the meaning of “relevant service”, see section 281B(2) of the Highways Act 1980.
f3: 1995 c. 25. There are amendments to section 43(1) but none are relevant.
f4: 2009 c. 23. Section 27(3) was amended by paragraph 5 of Schedule 10 to the Fisheries Act 2020 (c. 22).
f5: 1983 c. 47.