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Power of designated body to charge fees

Oral Answers to Questions — Work and Pensions – in the House of Commons at 8:30 pm on 21st November 2016.

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Amendments made: 5, page 17, line 7, at end insert—

“(za) charge an institution a fee for any activity undertaken, or service provided, by the body in the performance by it of functions under section 23(1) (power to assess quality and standards) in relation to the institution,”

Clause 27(2) enables a body designated to perform the assessment functions of the OfS under clause 23 to charge a fee for activities undertaken or services provided by the body in the performance by it of functions under clause 23(2). This amendment and amendment 7 extend that power to include functions under clause 23(1) too.

Amendment 6, page 17, line 9, leave out from “body” to end of line 12 and insert

“in the performance by it of functions under section 23(2)(a) (duty to assess to determine if initial registration condition relating to quality or standards is met) in relation to the institution, and”.

This amendment clarifies the drafting of clause 27(2)(a) to make clear that the power is to charge a fee for activities undertaken or services provided by the designated body in the performance by it of functions under clause 23(2)(a) in relation to an institution regardless of whether the assessment in question of the institution is being carried out by the body.

Amendment 7, page 17, line 17, at end insert—

“( ) The amount of a fee payable under subsection (2)(za) by an institution may be calculated by reference to costs incurred by the designated body in the performance by the body of functions under section 23(1) in relation to a different institution or of its general functions.

( ) The total fees payable under subsection (2)(za) must not exceed in any period of 12 months the total costs incurred by the body in that period in the performance by the body of its functions under section 23(1) and of its general functions.”

See the explanatory statement for amendment 5.

Amendment 8, page 17, line 18, leave out “or provider”.

This amendment removes some unnecessary wording from clause 27(3).

Amendment 9, page 17, line 23, leave out paragraph (b).

This amendment removes some unnecessary wording from clause 27(3) - having set out in that provision how the fees may be calculated, it is implicit that they may not be calculated by reference to functions other than those mentioned. That is consistent with clause 27(5).

Amendment 10, page 17, line 27, leave out “the functions” and insert “its functions”.

This amendment and amendment 11 make clear that the limit on fees imposed by clause 27(4) and (6) includes costs incurred by the body in the performance by it of all of its functions under clause 23(2)(a) or (b) (as the case may be) and not just the functions under those provisions in relation to which the fee was charged.

Amendment 11, page 17, line 35, leave out “the functions” and insert “its functions”.—(Joseph Johnson.)

See the explanatory statement for amendment 10.

Clause 40