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Department of Trade and Industry (Fees) Order 1988

As Enacted Cited authorities 39 Cited in Amendments 6 Related
Vincent
JurisdictionUK Non-devolved

1988 No. 93

FEES AND CHARGES

The Department of Trade and Industry (Fees) Order 1988

Made 21th January 1988

Coming into force 22th January 1988

Whereas a draft of this Order has been approved by a resolution of the House of Commons in pursuance of section 102(5) of the Finance (No. 2) Act 19871:

Now, therefore, the Secretary of State, in the exercise of the powers conferred by section 102 of that Act, and, in relation to article 9 of and Part VI of Schedule l and Part I of Schedule 2 to this Order, with the consent of the Lord Chancellor, hereby makes the following Order:—

Citation and Commencement
S-1 Citation and Commencement

Citation and Commencement

1. This Order may be cited as the Department of Trade and Industry (Fees) Order 1988, and shall come into force on the day after the day on which it is made.

Interpretation

Interpretation

S-2 In this Order— “ the Act ” means the Finance ( No. 2) Act...

2. In this Order—

(a) “the Act” means the Finance (No. 2) Act 1987;

“the 1938 Act” means the Trade Marks Act 19382;

“the 1949 Act” means the Registered Designs Act 19493;

“the 1977 Act” means the Patents Act 19774;

“the 1985 Act” means the Companies Act 19855;

“the 1986 Act” means the Insolvency Act 1986;

“wireless telegraphy”, “wireless telegraphy apparatus” and “interference” have the meanings given to them in section 19 of the Wireless Telegraphy Act 19496;

(b) any reference to any provision of the 1985 Act includes any corresponding provision of any enactment repealed and re-enacted, with or without modification, by the 1985 Act.

S-3 In relation to the power of the Secretary of State under...

3.—(1) In relation to the power of the Secretary of State under section 708 of the 1985 Act by regulations made by statutory instrument to require the payment to the registrar of companies of such fees as may be specified in the regulations in respect of—

(a)

(a) the performance by the registrar of such functions under the 1985 Act or the 1986 Act as may be so specified, including the receipt by him of any notice or other document which under either of those Acts is required to be given, delivered, sent or forwarded to him,

(b)

(b) the inspection of documents or other material kept by him under either of those Acts,

the functions specified for the purpose of section 102(3) of the Act shall be those specified in Part I of Schedule l hereto.

(2) In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I of Schedule 2 hereto.

S-4 In relation to the power of the Secretary of State to fix fees...

4.—(1) In relation to the power of the Secretary of State to fix fees under sections 53(5), 54(4) and 71(2) of the 1986 Act, the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part I of Schedule 1 hereto.

(2) In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I of Schedule 2 hereto.

S-5 In relation to the power of the Secretary of State to fix fees...

5.—(1) In relation to the power of the Secretary of State to fix fees under sections 40 and 41 of the 1938 Act7, the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part II of Schedule 1 hereto.

(2) In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I and Part II of Schedule 2 hereto.

S-6 In relation to the power of the Secretary of State to fix fees...

6.—(1) In relation to the power of the Secretary of State to fix fees under sections 36 and 40 of the 1949 Act, the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part III of Schedule 1 hereto.

(2) In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I and Part II of Schedule 2 hereto.

S-7 In relation to the power of the Secretary of State to fix fees...

7.—(1) In relation to the power of the Secretary of State to fix fees under section 123(2)(c) of and paragraph 14 of Schedule 4 to the 1977 Act, the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part IV of Schedule 1 hereto.

(2) In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I and Part II of Schedule 2 hereto.

S-8 In relation to the power of the Secretary of State to fix fees...

8.—(1) In relation to the power of the Secretary of State to fix fees under section 2(1) of the Wireless Telegraphy Act 1949 the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part V of Schedule 1 hereto.

(2) In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I of Schedule 2 hereto.

S-9 In relation to the power of the Lord Chancellor to fix fees...

9.—(1) In relation to the power of the Lord Chancellor to fix fees under section 133(1) of the Bankruptcy Act 19148, section 663(4) of the 1985 Act and sections 414 and 415 of the 1986 Act and in relation to the power of the Secretary of State to fix fees under sections 4 and 10 of the Insolvency Act 19859and sections 392, 414 and 419 of the 1986 Act, the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part VI of Schedule 1 hereto.

(2) In relation to the power of the Lord Chancellor specified in paragraph (1) above and in relation to the power of the Secretary of State specified in that paragraph, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I of Schedule 2 hereto.

John Butcher

Parliamentary Under Secretary of State,

Department of Trade and Industry

21st January 1988

Mackay of Clashfern, C

Lord Chancellor

21st January 1988

SCHEDULE 1

SCHEDULE 1

1 PART I.

PART I.

SCH-1.1

1. Functions of the Secretary of State and the registrar of companies by virtue of the 1985 Act.

SCH-1.2

2. Functions of the registrar of companies by virtue of the 1986 Act.

SCH-1.3

3. Functions of inspectors appointed under Part XIV of the 1985 Act and of officers authorised under section 447 of that Act.

SCH-1.4

4. Functions of the Secretary of State in relation to anything done by the European Communities or any of their institutions with respect to company law, and the maintenance of relations with authorities and other persons both within the United Kingdom and abroad in respect of matters relating to company law.

SCH-1.5

5. Any other functions of the Secretary of State and the registrar of companies in relation to companies, including, without prejudice to the generality of the foregoing:—

(a) prosecution of offences under the l985 Act and the taking of action with a view to ensuring compliance with any obligation arising under the 1985 Act;

(b) investigation of complaints relating to the conduct of the affairs of companies and consideration of requests for advice on questions of company law;

(c) review of the functioning of company law and consideration and development of proposals for legislation relating to companies;

(d) consideration, including in international fora, of accounting standards and auditing practices in relation to accounts of companies;

(e) the conduct of civil proceedings in relation to any of the functions specified in this part of this Schedule.

2 PART II

PART II

SCH-1.6

6. (a) the functions of the Registrar under the 1938 Act, other than those under sections 48(2) and 50(1);

(b) the functions of the Keeper of the Manchester Branch under section 39 of the 1938 Act;

(c) the function of the Secretary of State of remitting to the Cutlers' Company a proportion of each fee paid to the Registrar upon the making of an application for the registration of a trade mark in respect of metal goods (within the meaning of Schedule 2 to the 1938 Act), upon the registration of such a mark or upon the renewal of such registration, being an application, registration or renewal effected at the office of the Cutlers' Company; and

(d) the function of the Secretary of State of making payments to the World Intellectual Property Organisation in accordance with international obligations of the United Kingdom, so far as those payments or those obligations relate to trade marks or service marks.

3 PART III

PART III

SCH-1.7

7. (a) the functions of the Registrar under the 1949 Act (other than section 5); and

(b) the function of the Secretary of State of making payments to the World Intellectual Property Organisation in accordance with international obligations of the United Kingdom so far as those payments or those obligations relate to...

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