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Power to charge and recover fees.
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20.— (1) Subject to subsection (5), the Insolvency Service, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the direction, shall, prescribe by regulations the fees to be paid to it and when they fall due in respect of—
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(a) the performance of functions,
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(b) the provision of services, and
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(c) the carrying on of activities,
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by it under this Act.
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(2) Without prejudice to the generality of subsection (1), the Insolvency Service’s power under that subsection to prescribe fees includes the power to provide for exemptions from the payment of fees, or waiving, remitting or refunding fees (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases.
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(3) Fees received under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.
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(4) The Insolvency Service may recover as a simple contract debt in any court of competent jurisdiction, from a person by whom the fee is payable, any amount due and owing to the Insolvency Service in respect of a fee charged under this section.
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(5) In making regulations pursuant to this section the Insolvency Service may have regard to—
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(a) the expenses incurred by it, or
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(b) the expenses which it is anticipated will be incurred by it,
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in performing its functions under this Act, so that so much of those expenses as it considers appropriate are recovered from fees to be charged pursuant to such regulations.
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