New Clause 60: Employment Rights Bill
New Clause 60 - Power to recover costs of enforcement
“(1) The Secretary of State may by regulations make provision requiring a relevant person, or a relevant person of a specified description, to pay a charge as a means of recovering any enforcement costs incurred in relation to the person.
(2) For the purposes of this section—
“enforcement costs” , in relation to a relevant person, means any costs incurred in connection with the exercise of an enforcement function of the Secretary of State in relation to the person;
“relevant person” means a person who has failed to comply with any relevant labour market legislation;
“specified” means specified in the regulations.
(3) Regulations under this section may—
(a) provide that the amount of a charge is—
(i) a fixed amount, or
(ii) an amount calculated by reference to an hourly rate;
(b) provide for the amount of the charge to be determined by the Secretary of State in accordance with the regulations.
(4) The regulations may in particular—
(a) provide that the amount of a charge is to be determined by the Secretary of State in accordance with a scheme made and published by the Secretary of State, and
(b) make provision about such schemes, including the principles governing such schemes.
(5) The provision that may be made by regulations under this section includes, among other things—
(a) provision for charges to be payable only in specified circumstances;
(b) provision about reductions, exemptions and waivers;
(c) provision about how and when charges are to be paid;
(d) provision about the collection or recovery of payments;
(e) provision for the charging of interest on unpaid charges;
(f) provision about the resolution of disputes relating to the payment of charges, including provision for the making of appeals to a court or tribunal.
(6) Regulations under this section are subject to the negative resolution procedure.
(7) Sums paid to the Secretary of State under this section are not required to be paid into the Consolidated Fund.”—(Justin Madders.)