Member

Government Amendment 273S is a technical amendment to Clause 140 that gives the Secretary of State a power to require the payment of charges to recover the cost of enforcement activity. Sub-paragraph (7) currently provides that sums payable to the Secretary of State under this section are not required to be paid into the Consolidated Fund. This amendment removes sub-paragraph (7) and so ensures that the default legal position that funds recovered by the Secretary of State should be paid into the Consolidated Fund is in line with legislative arrangements of other public bodies. When the power in Clause 140 is exercised, it will be for the Secretary of State to agree with His Majesty’s Treasury how any funds recovered can be retained towards the FWA’s costs.