Identity Cards Bill (2004)

In section 1 of the Consular Fees Act 1980 (c. 23) (power to impose fees in respect of the carrying out of consular functions), after subsection (4) insert—

"(4A) In prescribing a fee under subsection (1) for the doing of a particular thing, Her Majesty in Council may take into account—

(a) the expenses that will be or have been incurred in doing that thing, both in the circumstances in relation to which the fee is prescribed and in other circumstances;

(b) the expenses that will be or have been incurred in doing such other things in the exercise of functions mentioned in that subsection as She thinks fit; and

(c) such differences between different persons in relation to whom that thing may be done as She thinks fit.

(4B) The power of Her Majesty in Council under subsection (1) to prescribe fees and the power of the Secretary of State under subsection (3) to make regulations each includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as
the person exercising the power thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as that person thinks fit."

EXPLANATORY NOTES

Clause 38: Amendment of Consular Fees Act

197. Clause 38 amends Section 1(4) of the Consular Fees Act 1980, to allow flexibility in the setting of fees for the carrying out of consular functions which includes the setting of passport fees. The amendment provides a power to set different levels of fees for different cases and to make exceptions for different types of case including an exemption from any fee. This would enable the cross-subsidy of passport fees between fees charged to different applicants. For example, this provision will provide a statutory basis for the issue of free passports which has already been introduced for those born on or before 2 September 1929 to be subsidised by charges made for other passports.

198. Clause 45(5) provides for this clause to come into force two months after this Bill is passed.

EXPLANATORY NOTES

Clause 38: Amendment of Consular Fees Act

197. Clause 38 amends Section 1(4) of the Consular Fees Act 1980, to allow flexibility in the setting of fees for the carrying out of consular functions which includes the setting of passport fees. The amendment provides a power to set different levels of fees for different cases and to make exceptions for different types of case including an exemption from any fee. This would enable the cross-subsidy of passport fees between fees charged to different applicants. For example, this provision will provide a statutory basis for the issue of free passports which has already been introduced for those born on or before 2 September 1929 to be subsidised by charges made for other passports.

198. Clause 45(5) provides for this clause to come into force two months after this Bill is passed.