Chemicals Act 2008

10.

Fees for services.

10.— (1) Subject to the approval of the Minister and the Minister for Finance and in consultation with any other relevant Minister, a national authority may—

(a) determine the amount of such fees as it considers appropriate in consideration of—

(i) the performance by that national authority of its functions, and

(ii) the provision by it of services (other than a service consisting of the provision of advice to the Minister, to another Minister of the Government or to another national authority),

(b) exempt from the payment of fees in different circumstances or classes of circumstances or for different cases or classes of cases, or for the waiver, remission or refund (in whole or in part) of fees,

(c) sell anything produced, published or developed by it, or in cooperation with, another national authority, and

(d) enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to another national authority) for the further development and commercial exploitation of anything produced, published or developed by it,

and shall record receipts from such fees, sales or payments as income.

(2) A national authority shall make available on request and free of charge, details of fees determined under this section.

(3) Fees, prices and payments referred to in this section in respect of functions performed, services provided, activities carried on or things sold, shall not, save with the prior approval of the Minister, in consultation with any other relevant Minister, be less than the cost of the performance of the function, the provision of the service, the carrying on of the activity or the production, publication or development of the thing, as the case may be.

(4) A national authority may recover any amount due and owing to it under this section from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.

Annotations

Modifications (not altering text):

C4

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

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No. 13 of 2008

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Chemicals Act 2008

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Sections 5(5), 10, 18(3)and 31(5)

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Editorial Notes:

E7

Power granted to exempting authority, in accordance with the provisions of section, to levy a fee in respect of the performance of any of its functions under Chemicals (Asbestos Articles) Regulations 2011 (S.I. No. 248 of 2011) (31.05.2011) by Chemicals (Asbestos Articles) Regulations 2011 (S.I. No. 248 of 2011), reg. 13.