Section 106E

The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to pay fees to the Secretary of State for or in connection with the exercise by the Secretary of State of any function conferred by or under this Part. The regulations may— specify the amounts of the fees, or the maximum amounts of the fees, or provide for the amounts of the fees, or the maximum amounts of the fees, to be determined in accordance with the regulations. In making the regulations the Secretary of State must seek to secure that, so far as possible and taking one year with another, combined NUAR income matches combined NUAR expenses. Except where the regulations specify the amounts of the fees— the amounts of the fees must be specified by the Secretary of State in a statement, and the Secretary of State must— publish the statement, and lay it before Parliament. Regulations under subsection (1) may make provision about— when a fee is to be paid; the manner in which a fee is to be paid; the payment of discounted fees; exceptions to requirements to pay fees; the refund of all or part of a fee which has been paid. Before making regulations under subsection (1), the Secretary of State must consult— such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and such other persons as the Secretary of State considers appropriate. Subject to the following provisions of this section regulations under subsection (1) are subject to the affirmative procedure. Regulations under subsection (1) that only make provision of a kind mentioned in subsection (2) are subject to the negative procedure. But the first regulations under subsection (1) that make provision of a kind mentioned in subsection (2) are subject to the affirmative procedure. In this section— “combined NUAR expenses” means the sum of— expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under this Part (including expenses not directly connected with the keeping of NUAR), and expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under Articles 45A to 45I of, and Schedule 2ZA to, the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (including expenses not directly connected with the keeping of the register kept under Article 45A(1) of that Order); “combined NUAR income” means the sum of— income received by the Secretary of State from fees payable under regulations under subsection (1), and income received by the Secretary of State from fees payable under regulations under Article 45E(1) of the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)).

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Source: legislation.gov.uk · retrieved 2026-09-04