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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Residential Property Tribunal (Fees) (England) Regulations 2006 No. 830 No. 830 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060830.html |
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| Made | 17th March 2006 | ||
| Laid before Parliament | 23rd March 2006 | ||
| Coming into force | 13th April 2006 |
Application
2.
These Regulations apply in relation to appeals and applications of any of the descriptions specified in regulation 3 made after 6th April 2006 in respect of premises in England[3].
Fees
3.
—(1) Subject to regulation 5(2), a fee of £150 shall be payable for—
(b) an application to a tribunal under—
(2) Subject to paragraph (3) and regulation 5(2), a fee of £150 shall be payable for an appeal to a tribunal under one or more of the following provisions—
(3) No fee is payable where an appeal under sub-paragraph (1)(b) of paragraph 24 of Schedule 6 to the Act is made on the grounds set out in sub-paragraph (4) of that paragraph.
Payment of fees
4.
Any fee payable under regulation 3 must accompany the appeal or application and must be paid by a cheque made payable to, or postal order drawn in favour of, the Office of the Deputy Prime Minister.
Liability to pay fee and waiver of fees
5.
—(1) The appellant or applicant shall be liable to pay any fee payable under regulation 3.
(2) No fee is payable under regulation 3 where, on the date that the appeal or application is made, the appellant or applicant (as the case may be) or his partner is in receipt of—
(b) an income-based jobseeker's allowance within the meaning of section 1 of the Jobseekers Act 1995[5];
(c) a working tax credit under Part 1 of the Tax Credits Act 2002[6] to which paragraph (3) applies;
(d) a guarantee credit under the State Pensions Credit Act 2002[7].
(3) This paragraph applies where—
(b) the gross annual income taken into account for the calculation of the working tax credit is £14, 213 or less.
(4) In this regulation "partner", in relation to a person, means—
(5) In paragraph (4), "couple" means—
and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.
Reimbursement of fees
6.
—(1) Subject to paragraph (2), in relation to any appeal or application in respect of which a fee is payable under regulation 3, a tribunal may require any party to the appeal or application to reimburse any other party to the extent of the whole or part of any fee paid by him in respect of the appeal or application .
(2) A tribunal shall not require a party to make such reimbursement if, at the time the tribunal is considering whether or not to do so, the tribunal is satisfied that the party or his partner is in receipt of assistance of any description mentioned in regulation 5(2).
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State Office of the Deputy Prime Minister
17th March 2006
A fee is not payable where the grounds for appeal against a management order includes failure to deal with payment to deal with specified matters, for example, payment of surplus rents.
Regulation 5 provides for the appellant or applicant to be liable for payment of the fee and for the fee to be waived where he or his partner is in receipt of specified benefits.
Regulation 6 sets out the circumstances in which the tribunal may order one party to an appeal or application to reimburse any fees incurred under regulation 3 by another party.
A regulatory impact assessment has been prepared in connection with these Regulations. A copy may be obtained from the Office of the Deputy Prime Minister, HMO/Selective Licensing Branch, Zone 2/G9, Eland House, Bressenden Place, London, SW1E 5DU (Tel: 020 7944 3458).
[3] The powers conferred by paragraphs 1 and 11 of Schedule 13 to the Act are exercisable, as respects England, by the Secretary of State and, as respects Wales, by the National Assembly for Wales. See the definition of the appropriate national authority in section 261(1) of the Act.back
[4] 1992 c. 4; amended by the Tax Credits Act 2002 (c.21), sections 60 and Schedule 6. There are other amendments not relevant to these Regulations.back
[5] 1995 c.18; amended by the Welfare Reform and Pensioners Act 1999 (c. 30), sections 59 and 88 and Schedules 7 and 13.back
[8] See section 11(3), (4) and (6) of the Tax Credits Act 2002.back
[9] See section 8 of the Tax Credits Act 2002.back
