Legal Services Regulation Act 2015

31

Power to charge and recover fees

31.   (1) Subject to subsection (5), the Authority may prescribe by regulations the fees to be paid to it and when they fall due in respect of—

(a) the performance of functions,

(b) the provision of services, and

(c) the carrying on of activities,

by the Authority under this Act.

(2) Without prejudice to the generality of subsection (1), the Authority’s power under that subsection to prescribe fees includes the power to provide for exemptions from the payment of fees, or waiving, remitting or refunding fees (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases.

(3) Fees prescribed under Part 8 and paid to the Authority may be used by the Authority to meet the costs it incurs in carrying out its functions under that Part.

(4) The Authority may recover as a simple contract debt in any court of competent jurisdiction, from a person by whom the fee is payable, any amount due and owing to the Authority in respect of a fee charged under this section.

(5) Subsection (1) shall not apply in respect of a function, service or activity referred to in that subsection where the cost to the authority of performing that function, providing that service or carrying out that activity is included in the approved expenses of the Authority referred to in section 95.