Commentary on Sections Fees and charges Section 35: Fees in respect of functions carried out under Act
190.This section makes provision for the payment of fees.
191.Subsection (1) enables fees to be set for:
	applications for entries to be made in the Register, for their modification or the issue of ID cards;making or modifying entries;issue of ID cards;applications for provision of information contained on the Register;provision of such information;applications for confirmation of any information recorded;the issue or refusal of such a confirmation;applications for the approval of a person or apparatus (the accreditation);the grant of such approvals.
192.Subsection (2) allows regulations to be made allowing the payment of fees by instalments, for example schemes such as saving stamps.
193.Subsection (3) allows the Secretary of State in prescribing fees under subsection (1), to take into account the wider costs associated with the ID cards scheme. For instance, a charge may need to cover not just the issue of an ID card but also the costs of updating the Register when details such as address change, which may not necessarily incur an additional fee. This subsection also gives a power to charge different fees in different circumstances, to allow for example for a reduced fee for some cards or to cross-subsidise between different cards. Subsection (3)(d) also includes a power to take into account the cost of issuing ID cards in connection with the issue of designated documents. Subsection (3)(e) allows for expenses incurred in the provisions of consular services to be taken into account in setting fees, for example where a card was valid for travel this might be appropriate.
194.Subsection (4) provides that Treasury consent is required before regulations are made under subsection (1).
195.Subsection (5) allows for the fees for designated documents to cover the costs of dealing with matters under this Act (i.e. the Register and ID cards) when those matters are dealt with in relation to applications for, and the issuing of, designated documents. For example, charges for passports could be made using existing powers, and include the costs associated with the ID cards scheme.
196.Subsection (6) gives the Secretary of State the power to raise fees over a period which he thinks appropriate, which could be any time after the commencement of the power to charge including in advance of the introduction of ID cards.
197.Subsection (7) provides that on the first occasion that regulations are made on fees under subsection (1), the regulations will be subject to the affirmative resolution procedure. Subsequent regulations varying or adding to the fees would also be subject to the affirmative resolution procedure, except when the fee increase is only to take account of inflation. Those inflationary fee increases would be subject to the negative resolution procedure.