Commentary on Sections Part 1: Amendments of Human Fertilisation and Embryology Act 1990 Section 27: Fees
164.This section inserts in the 1990 Act a new section 35B setting out the circumstances where the HFEA may charge a fee under the 1990 Act. Fees are to be determined by the HFEA under a scheme determined by the Authority, subject to the approval of the Secretary of State and the Treasury. Different fees may be fixed for different circumstances and, in fixing the fee, the HFEA may have regard to the costs incurred in exercising its functions under the 1990 Act.
165.The inserted section 35B also provides a new power for the HFEA to charge fees to recoup the cost of meeting various statutory requests for information from donor-conceived people. In these cases, it is intended that the amount of the fee should only reflect the cost of dealing with applications under the provision concerned.