Full legislation
s.29A
Variation of certain fees and charges
(1)
Where the amount of any fee or charge is for the time being specified in, or
otherwise fixed or determined by, subsidiary legislation made by the Chief Executive
in Council, subject to subsection (2), the Financial Secretary may by similar
subsidiary legislation increase or decrease, or otherwise vary, the amount of the
fee or charge.
(2)
(a)
The Chief Executive in Council may by a direction in writing direct the
Financial Secretary to exercise, as regards fees or charges specified in the
direction, a power conferred on him by subsection (1)
either—
(i)
only with the prior approval of the Chief Executive in Council;
or
(ii)
so as not to exceed limits specified in the direction; or
(iii)
only in some other manner so specified.
(b)
For so long as a direction under this subsection is in force the Financial
Secretary shall comply with it.
(3)
The powers conferred by subsection (1) are in addition to, and are not in
substitution for, any power exercisable by the Chief Executive in Council in
relation to fees or charges.
(4)
Where—
(a)
a power under subsection (1) is exercisable; and
(b)
the subsidiary legislation by which the relevant fee or charge was
specified, fixed or otherwise determined
(
the
primary
instrument
)
is—
(i)
subsidiary legislation to which
section 35
applies or to
which
section 34
does not apply; or
(ii)
subsidiary legislation of which a draft was required to be laid on the
table of the Legislative Council,
then such 1 or more of the following provisions as are appropriate in the
particular circumstances shall
operate—
(i)
section 35
shall apply to subsidiary legislation made or issued
in exercise of the power which amends the primary instrument;
(ii)
section 34
shall not apply to such subsidiary
legislation;
(iii)
the enactment requiring or otherwise relevant to so laying the primary
instrument shall also apply to subsidiary legislation which is so made or issued
and amends that instrument.