Fees and charges for consents - EPA 1990 s. 113
Allows Secretary of State to set fees for consent applications and charges for holding consents. Payment condition. Must cover costs. Laid before Parliament.
The Secretary of State may, with the approval of the Treasury, make and from time to time revise a scheme prescribing— fees payable in respect of applications for consents; and charges payable by persons holding consents in respect of the subsistence of their consents; and it shall be a condition of any such consent that any applicable prescribed charge is paid in accordance with that scheme. A scheme under this section may, in particular— provide for different fees or charges to be payable in different cases or circumstances; provide for the times at which and the manner in which payments are to be made; and make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate. The Secretary of State shall so frame a scheme under this section as to secure, so far as practicable, that the amounts payable under it will be sufficient, taking one financial year with another, to cover the expenditure of the Secretary of State in discharging his functions under this Part in relation to consents. The Secretary of State shall, on making or revising a scheme under this section, lay a copy of the scheme or of the scheme as revised before each House of Parliament. The Scottish Ministers may, with the consent of the Secretary of State, provide in a scheme under this section for any functions under the scheme to be performed by a Minister of the Crown or government department where they consider it expedient to do so in relation to assimilated law which implemented Directive 2001/18/EC of the European Parliament and of the Council .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section lets the Secretary of State create a scheme for fees and charges related to consents under Part VI of the Environmental Protection Act 1990 (genetically modified organisms). The scheme can set different amounts for different situations and must be designed to recover the Secretary of State's costs over time. Paying any charge is a condition of holding a consent. The scheme must be laid before Parliament after it is made or revised. Scottish Ministers may also arrange for certain functions under the scheme to be performed by a UK government department when implementing matters related to Directive 2001/18/EC.
When it applies
- You apply for a consent to release a genetically modified organism and must pay a fee set by the scheme.
- You already hold a consent and receive a bill for an annual charge for the subsistence of that consent.
- The Secretary of State revises the fee schedule and places a copy before Parliament.
- Scottish Ministers delegate the collection of charges for certain consents to a UK government department.
What this section does not say
- This section does not set the actual fee amounts; those are in the scheme made under it.
- It does not cover fees or charges for authorisations under other parts of the EPA 1990, such as Part I (integrated pollution control).
- It does not specify what happens if you fail to pay a charge; that is addressed elsewhere (e.g., the consent may be revoked).
- It does not apply to Scotland directly; the Scottish Ministers have separate powers under this section for assimilated law.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 113 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.