Statutory Instrument 1988 No. 93

The Department of Trade and Industry (Fees) Order 1988

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© Crown Copyright 1988

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1988 No. 93

FEES AND CHARGES

The Department of Trade and Industry (Fees) Order 1988

Whereas a draft of this Order has been approved by a resolution of the House of Commons in pursuance of section 102(5) of the Finance (No. 2) Act 1987^[1]:

Now, therefore, the Secretary of State, in the exercise of the powers conferred by section 102 of that Act, and, in relation to article 9 of and Part VI of Schedule l and Part I of Schedule 2 to this Order, with the consent of the Lord Chancellor, hereby makes the following Order:—

Citation and Commencement
    1.    This Order may be cited as the Department of Trade and Industry (Fees) Order 1988, and shall come into force on the day after the day on which it is made.

Interpretation
    2.    In this Order—
 (a) "the Act" means the Finance (No. 2) Act 1987;
"the 1938 Act" means the Trade Marks Act 1938^[2];
"the 1949 Act" means the Registered Designs Act 1949^[3];
"the 1977 Act" means the Patents Act 1977^[4];
"the 1985 Act" means the Companies Act 1985^[5];
"the 1986 Act" means the Insolvency Act 1986;
"wireless telegraphy",
"wireless telegraphy apparatus" and
"interference" have the meanings given to them in section 19 of the Wireless Telegraphy Act 1949^[6];
 (b) any reference to any provision of the 1985 Act includes any corresponding provision of any enactment repealed and re-enacted, with or without modification, by the 1985 Act.

    3.—(1)  In relation to the power of the Secretary of State under section 708 of the 1985 Act by regulations made by statutory instrument to require the payment to the registrar of companies of such fees as may be specified in the regulations in respect of—
 (a) the performance by the registrar of such functions under the 1985 Act or the 1986 Act as may be so specified, including the receipt by him of any notice or other document which under either of those Acts is required to be given, delivered, sent or forwarded to him,
 (b) the inspection of documents or other material kept by him under either of those Acts,
the functions specified for the purpose of section 102(3) of the Act shall be those specified in Part I of Schedule l hereto.

    (2)  In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I of Schedule 2 hereto.

    4.—(1)  In relation to the power of the Secretary of State to fix fees under sections 53(5), 54(4) and 71(2) of the 1986 Act, the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part I of Schedule 1 hereto.

    (2)  In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I of Schedule 2 hereto.

    5.—(1)  In relation to the power of the Secretary of State to fix fees under sections 40 and 41 of the 1938 Act^[7], the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part II of Schedule 1 hereto.

    (2)  In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I and Part II of Schedule 2 hereto.

    6.—(1)  In relation to the power of the Secretary of State to fix fees under sections 36 and 40 of the 1949 Act, the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part III of Schedule 1 hereto.

    (2)  In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I and Part II of Schedule 2 hereto.

    7.—(1)  In relation to the power of the Secretary of State to fix fees under section 123(2)(c) of and paragraph 14 of Schedule 4 to the 1977 Act, the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part IV of Schedule 1 hereto.

    (2)  In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I and Part II of Schedule 2 hereto.

    8.—(1)  In relation to the power of the Secretary of State to fix fees under section 2(1) of the Wireless Telegraphy Act 1949 the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part V of Schedule 1 hereto.

    (2)  In relation to the power of the Secretary of State specified in paragraph (1) above, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I of Schedule 2 hereto.

    9.—(1)  In relation to the power of the Lord Chancellor to fix fees under section 133(1) of the Bankruptcy Act 1914^[8], section 663(4) of the 1985 Act and sections 414 and 415 of the 1986 Act and in relation to the power of the Secretary of State to fix fees under sections 4 and 10 of the Insolvency Act 1985^[9]and sections 392, 414 and 419 of the 1986 Act, the functions specified for the purposes of section 102(3) of the Act shall be those specified in Part VI of Schedule 1 hereto.

    (2)  In relation to the power of the Lord Chancellor specified in paragraph (1) above and in relation to the power of the Secretary of State specified in that paragraph, the matters specified for the purposes of section 102(4) of the Act shall be those specified in Part I of Schedule 2 hereto.

John Butcher

Parliamentary Under Secretary of State, Department of Trade and Industry

21st January 1988
I consent.

Mackay of Clashfern, C

Lord Chancellor

21st January 1988

[1] 1987 c. 51 back

[2] 1938 c. 22 back

[3] 1949 c. 88 back

[4] 1977 c. 37 back

[5] 1985 c. 6 as amended by the Insolvency Act 1986 (c. 45.). back

[6] 1949 c. 54 back

[7] The 1938 Act was applied with modifications to service marks by the Trade Marks (Amendment) Act 1984 (c. 19), section 1 as amended by the Patents Designs and Marks Act 1986 (c. 39), section 2(1) and Schedule 3. back

[8] 1914 c. 59 back

[9] 1985 c. 65 back

Explanatory Note