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The Department for Transport (Fees) Order 2009

Consolidated Text As Enacted Cited authorities 116 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2009/711
Year2009
  • 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.
    • (1) In this Order—
    • “the 1976 Act” means the International Carriage of Perishable Foodstuffs Act 1976
    • “the 1981 Act” means the Public Passenger Vehicles Act 1981 ;
    • “the 1985 Act” means the Transport Act 1985
    • “the 1987 Act” means the Finance (No.2) Act 1987;
    • “the 1988 Act” means the Road Traffic Act 1988
    • “the 1994 Act” means the Vehicle Excise and Registration Act 1994
    • “the 1995 Act” means that the Goods Vehicles (Licensing of Operators) Act 1995 ;
    • “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 Act ;
    • “traffic commissioner” means a commissioner appointed under section 4 of the 1981 Act;
    • “senior traffic commissioner” means a traffic commissioner appointed by the Secretary of State as senior traffic commissioner under section 4A of 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 66A of the 1988 Act.
    (2) In this Order references to powers to fix fees are references to powers of the Secretary of State.(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.section 52(1) (a) (ii) section 10(1) and section 60(1) (e) (fees in relation to approval of vehicle as type vehicle) ;(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.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;in relation to applications for and the grant of permits under sections 19 section 46(1) (h) section 46(5) (fees for particulars of records) ;section 46(6) (charges for the sale of information derived from records) ,(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.the powers listed in paragraphs (1) and (2) ;section 45(6A) section 46(1) (j) and section 46(4) (charges paid by authorised examiners or designated councils) ;section 46(2) (b) (fees in respect of applications for or continuation of the Secretary of State's authorisation, approval or designation) ,section 51(1) (h) (fees on an application or appeal relating to vehicle examination) ;section 51(1) (k) (fees for replacement of plates, plating certificates and goods vehicle test certificates) ,section 61(2) (d) (fees for type approval examinations etc.) section 61(2) (e) (fees for services or

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