Commentary on Sections Fees and charges Section 36: Amendment of Consular Fees Act
198.Section 36 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.
199.Section 44(5) provides for this section to come into force two months after this Act is passed. The fee setting powers in this amended section could be applied at any period after that time including in advance of the introduction of ID cards.