Legislation – Planning and Infrastructure Act 2025

“23AFees for certain services in connection with orders

(1)

The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to applicants under section 6 by prescribed public authorities, in relation to the provision of relevant services.

(2)

A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to an applicant under section 6, in connection with—

(a)

an application under section 6, or

(b)

any other prescribed matter relating to an order, or proposed order, under section 1 or 3.

(3)

Regulations made under subsection (1) may, in particular, make provision—

(a)

about when a fee (including a supplementary fee) may, and may not, be charged;

(b)

about the amount which may be charged;

(c)

about what may, and may not, be taken into account in calculating the amount charged;

(d)

about when a fee charged is payable;

(e)

about the recovery of fees charged;

(f)

about waiver, reduction or repayment of fees;

(g)

about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);

(h)

for the supply of information for any purpose of the regulations;

(i)

conferring a function, including a function involving the exercise of a discretion, on any person.

(4)

A prescribed public authority must have regard to—

(a)

any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;

(b)

any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.

(5)

Regulations under this section may make—

(a)

different provision for different purposes or areas;

(b)

incidental, consequential, supplementary, transitional or transitory provision or savings.

(6)

Regulations under this section are to be made by statutory instrument.

(7)

A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)

A statutory instrument containing regulations made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

(9)

In this section—

“appropriate national authority” means—

(a)

in relation to England and cross-border orders, the Secretary of State, and

(b)

in relation to Wales but not cross-border orders, the Welsh Ministers;

“cross-border order” means an order under section 1 or 3 that has effect both in England and in Wales;

“prescribed” means prescribed by regulations made by the appropriate national authority under this section;

“public authority” means any person certain of whose functions are of a public nature.”