Joint Committee on Statutory Instruments First Report


Memorandum from the Home Office


1. The Committee has requested a memorandum on the following point:

Article 3 provides that the fee payable by a person for registration or for continued registration is determined by reference to the number of relevant advisers in respect of that person at the date of his application for registration. Where a person applies for continued registration, is this intended to refer to the date of the application for continued registration or the date on which he first applied for registration under section 84(2)?

2. The effect of Articles 3(b) and (c) of the Order is as follows. Article 3(b) provides that a fee for continued registration is calculated by reference to the number of advisers shown in column 1 of the Table of fees. Article 3(a) deals with the fee for registration. Therefore, in the context of an application for continued registration the words "at the date of his application for registration" at the end of Article 3(c) of the Order refer to the date on which an application for continued registration is made. For those words not to carry this meaning in the context of such an application would render Article 3(b) extraneous, as only one calculation of the number of advisers (i.e. at the date of registration) would be required by the Order for the purposes of determining the fee for either type of application.

11th November 2002

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