The Department for Transport (Fees) Order 2009
| Year | 2009 |
2009 No. 711
Fees And Charges
The Department for Transport (Fees) Order 2009
Made 16th March 2009
Coming into force in accordance with Article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 102(3) and (4) of the Finance (No.2) Act 19871.
In accordance with section 102(5) of that Act, a draft of this Order was laid before the House of Commons and approved by a resolution of that House.
Citation, commencement and interpretation
1. This Order may be cited as the Department for Transport (Fees) Order 2009 and shall come into force on the day after that on which it is made.
2.—(1) In this Order—
“the 1976 Act” means the International Carriage of Perishable Foodstuffs Act 19762
“the 1981 Act” means the Public Passenger Vehicles Act 19813;
“the 1985 Act” means the Transport Act 19854
“the 1987 Act” means the Finance (No.2) Act 1987;
“the 1988 Act” means the Road Traffic Act 19885
“the 1994 Act” means the Vehicle Excise and Registration Act 19946
“the 1995 Act” means that the Goods Vehicles (Licensing of Operators) Act 19957;
“enforcement and compliance functions” include, without limitation, any functions of or relating to—
(a) the inspection, checking or monitoring of activities;
(b) the investigation and prosecution of offences;
(c) the suspension, revocation or discontinuance of any licence or permit, or disqualifying a person from holding such a licence or permit;
(d) the issuing or imposition of any warning, restriction, condition or prohibition or the imposition of any other sanction other than prosecution;
(e) the immobilisation, removal or disposal of any vehicle;
(f) preparation for or participation in legal proceedings, including assistance to any court or tribunal;
(g) development of enforcement policy or practice; and
(h) any other action to promote enforcement of or compliance with any legal requirement, including the provision of guidance, advice, publicity or other assistance to encourage understanding and observance;
“examination for plating” and “goods vehicle test” have the same meaning as in section 49(4) of the 1988 Act;
“Minister’s approval certificate” has the same meaning as in section 58 of the 1988 Act;
“public service vehicle” has the same meaning as in section 1 of the 1981 Act8;
“traffic commissioner” means a commissioner appointed under section 49of the 1981 Act;
“senior traffic commissioner” means a traffic commissioner appointed by the Secretary of State as senior traffic commissioner under section 4A10of the 1981 Act and any reference to a traffic commissioner includes reference to the senior traffic commissioner;
“vehicle examiner” means an examiner appointed under section 66A11of the 1988 Act.
(2) In this Order references to powers to fix fees are references to powers of the Secretary of State.
Fees under the International Carriage of Perishable Foodstuffs Act 1976
3.—(1) In relation to the powers to fix a fee under section 3(1)(d) and (g) of the 1976 Act (fees for examination and testing of transport equipment and the issue of certified copies of certificates), the functions listed in paragraphs 1 and 3 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(2) In relation to the power to fix a fee under section 4(1) of the 1976 Act (fees for approval of type equipment) the functions listed in paragraphs 2 and 3 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
Fees under the Public Passenger Vehicles Act 1981
4.—(1) In relation to the powers in the 1981 Act to fix a fee under:
(a)
(a) section 52(1)(a)(ii)12and section 60(1)(e)13(fees in relation to certificates of initial fitness or equivalent);
(b)
(b) section 10(1) and section 60(1)(e) (fees in relation to approval of vehicle as type vehicle);
the functions listed in paragraphs 4 to 6 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(2) In relation to the powers to fix fees under sub-paragraphs (i), (ia), (ib), (iii) and (iv) of section 52(1)(a) and section 60(1)(e) of the 1981 Act (fees in relation to licences to operate public service vehicles etc.), the functions listed in paragraphs 7 to 11 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(3) In relation to the power to fix a fee under section 52 (1)(a)(v) and section 60(1)(e) of the 1981 Act (fees in relation to documents required for public service vehicles registered in Great Britain to make journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain), the functions listed in paragraph 12 and 13 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(4) In relation to the power to fix a fee under section 52(1) and section 60(1)(e) of the 1981 Act as applied by sections 126(1)14and 134(1) of the 1985 Act —
(a)
(a) in relation to applications for the registration of local bus services and the cancellation, variation or continuing in force of such registrations, the functions listed in paragraphs 14 to 17 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act;
(b)
(b) in relation to applications for and the grant of permits under sections 1915and 22 of the 1985 Act, the functions listed in paragraphs 18 to 20 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
Fees under the Road Traffic Act 1988
5.—(1) In relation to the powers in the 1988 Act to fix a fee under section 45(7) and —
(a)
(a) section 46(1)(h)16(fees for the issue of duplicates and copies of test certificates);
(b)
(b) section 46(5) (fees for particulars of records);
(c)
(c) section 46(6) (charges for the sale of information derived from records),
where the fee relates to certificates or records with regard to the inspection, testing or examination of public service vehicles, the functions listed in paragraphs 21 to 23 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(2) In relation to the power to fix a fee under section 45(7) and section 46(1)(f) of the 1988 Act (fees on an application or appeal relating to a vehicle examination), where a fee is charged in respect of the inspecting, testing, examination or re-examination of public service vehicles, the functions listed in paragraphs 21 to 24 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(3) In relation to the powers in the 1988 Act to fix a fee under section 45(7) and—
(a)
(a) the powers listed in paragraphs (1) and (2);
(b)
(b) section 45(6A)17(fees for attendance on courses in connection with the carrying out of vehicle examinations);
(c)
(c) section 46(1)(j) and section 46(4) (charges paid by authorised examiners or designated councils);
(d)
(d) section 46(2)(b) (fees in respect of applications for or continuation of the Secretary of State’s authorisation, approval or designation),
where a fee relates to the inspection, testing or examination of vehicles other than public service vehicles, or in relation to certificates, or records with regard to such inspection, testing or examination, the functions listed in paragraphs 25 to 27 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(4) In relation to the powers in the 1988 Act to fix a fee under section 49 and—
(a)
(a) section 51(1) (h) (fees on an application or appeal relating to vehicle examination);
(b)
(b) section 51(1) (k) (fees for replacement of plates, plating certificates and goods vehicle test certificates),
the functions listed in paragraphs 28 to 31 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(5) In relation to the powers in the 1988 Act to fix a fee under section 61(1) and —
(a)
(a) section 61(2)(d) (fees for type approval examinations etc.)
(b)
(b) section 61(2)(e) (fees for services or facilities or the issue of certificates and other documents);
(c)
(c) section 61(2)(h) (fees for issue of replacement plates, certificates of conformity and approval certificates),
the functions listed in paragraphs 32 to 35 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(6) In relation to the powers in the 1988 Act to fix a fee under section 63A(3)(b), (d) and (e)18(fees for applications and appeals relating to plated weights for goods vehicles without examination, including the issue of replacement plates), the functions listed in paragraphs 28 to 35 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(7) In relation to the powers in the 1988 Act to fix a fee under—
(a)
(a) section 72(8)19(fees for inspection of a vehicle with a view to removal of a prohibition);
(b)
(b) section 72(9) (fees for appeals relating to removal of a prohibition),
the functions listed in paragraphs 36 to 38 of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
Fees under the Vehicle Excise and Registration Act 1994
6.—(1) In relation to the powers to fix fees under paragraphs (b), (d), (g), (h) and (j) of section 22A(3) of the 1994 Act20(fees in relation to examinations and appeals for the purposes of vehicle identity checks etc.), the functions listed in paragraphs 39 and 43(a) of Schedule 1 are specified for the purposes of section 102(3) of the 1987 Act.
(2) In relation to the power to fix...
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