Guidance

Terms and conditions for delivering chargeable activities in the provision of several and regulating orders

Published 1 April 2026

Applies to England

1. Parties

1.1: The Secretary of State for Environment, Food and Rural Affairs of Seacole Building, 2 Marsham Street, London, SW1P 4DF (the “Authority”) is authorised to make Several and Regulating Orders (“SROs”) under the Sea Fisheries (Shellfish) Act 1967 (the “1967 Act”). Schedule 1 to the 1967 Act sets out the statutory procedure for developing and determining such SROs.

1.2: Paragraph 8 of Schedule 1 to the 1967 Act requires that all expenses incurred by the Authority in relation to any application for an SRO shall be defrayed by the applicants.

1.3: The applicant (“You” / ”Your”) is the individual, company, organisation or other legal entity submitting an application for an SRO, who is responsible for defraying the expenses incurred by the Authority in processing that application.

2. Definitions and Interpretation

2.1: Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2.2: “Billing Contact” means the postal address, email address and any contact number that you provide to the Authority for purposes of billing and any associated notices.

2.3: “Chargeable Activities” means the work undertaken or commissioned by the Authority to process the application, as described in 3.3.

2.4: “Disbursements” means the actual cost to the Authority of third‑party services required to process the application, as described in 3.4.

2.5: “Estimate” means the written estimate of the recoverable expenses likely to be incurred in processing the application, issued by the Authority under clause 4. A “Revised Estimate” is any subsequent written update to that Estimate issued by the Authority where costs are expected to exceed the original Estimate.

2.6: “Invoicing Agent” means Shared Services Connected Ltd (SSCL) or its equivalent acting on behalf of the Authority in accordance with clause 5.

2.7: “SRO” means a Several or Regulating Order made under the 1967 Act.

2.8: “Public Inquiry” means an inquiry convened under Schedule 1 to the 1967 Act.

3. Application

3.1: It is a statutory function of the Authority to assess and determine applications for SROs under the 1967 Act. In accordance with paragraph 8 of Schedule 1 to the 1967 Act, where You make an application for an SRO, You are responsible for defraying the recoverable expenses incurred by the Authority in carrying out this statutory function.

3.2: You become liable for the Authority’s recoverable expenses once the Authority has completed its minimal completeness check confirming that Your application is complete and the Authority can begin its substantive assessment of Your application. From that point, all Chargeable Activities and Disbursements carried out in connection with the application are undertaken on the basis that such costs must be paid by You pursuant to paragraph 8 of Schedule 1 to the 1967 Act, regardless of whether the application is later withdrawn, refused, or results in an SRO.

3.3: For the purposes of these terms and conditions, Chargeable Activities are the tasks undertaken or commissioned by the Authority in processing the application. Chargeable Activities include, without limitation:

• legal drafting and review of the SRO;
• preparation for Parliamentary laying; and
• invoicing and financial administration

3.4: For the purposes of these terms and conditions, Disbursements are the actual costs paid by the Authority for third-party services reasonably required to process the application. Disbursements may include, without limitation:

• external legal support; and
• Public Inquiry inspectors or chairs;
• scientific or technical specialists;
• statutory advertisements; and
• any other external service necessary for the Authority to discharge its statutory functions under Schedule 1

3.5: By submitting and maintaining an application, You agree to pay all recoverable expenses arising from Chargeable Activities and Disbursements in accordance with these terms and conditions.

4. Estimates

4.1: Before carrying out any Chargeable Activities, the Authority will issue a written Estimate to You detailing the costs likely to be incurred. The Estimate will set out:

• the estimated hours of work required to undertake the Chargeable Activities multiplied by the applicable hourly rate;
• any set fees that apply;
• where reasonably foreseeable, prospective Disbursements; and
• VAT where applicable

4.2: The Authority will not commence Chargeable Activities until You confirm acceptance of the Estimate in writing.

4.3: The Estimate is indicative and is not binding. Actual recoverable costs may differ from the Estimate due to, without limitation, the quality and complexity of the application, whether objections are received, or whether a Public Inquiry is required. You are liable for the actual recoverable expenses incurred, whether the final cost exceeds or falls below the Estimate.

4.4: Where the Authority considers that the actual recoverable costs are likely to exceed the Estimate, the Authority may issue a Revised Estimate setting out any additional likely costs.

4.5: The Authority is not obliged to issue a Revised Estimate but will endeavour to do so where appropriate. Where the Authority considers that determination of the application can be made at a cost not exceeding 10% above the Estimate, the Authority may complete the remaining Chargeable Activities without issuing a Revised Estimate and will recover the full cost from You.

4.6: Where the Revised Estimate has been issued but You do not respond within 14 days from the date of issue, the Authority may take further action, including (but is not limited to):

• suspending Chargeable Activities
• determining the application on the basis of the information available; and/or
• issuing a final invoice and ceasing work on the application

4.7: References in these terms to an Estimate apply equally to any Revised Estimate, unless otherwise expressly stated.

5. Billing

5.1: Invoices will be issued in arrears and reflect the actual costs incurred.

5.2: The Invoicing Agent will issue invoices on behalf of the Authority and may pursue unpaid invoices.

5.3: The Invoicing Agent will send invoices and any reminder or recovery notice to the Billing Contact.

5.4: If you wish to update the Billing Contact, then you must notify the Authority in writing via SRO@defra.gov.uk and the Invoicing Agent.

5.5: You are responsible for ensuring Billing Contact details are correct and up to date. Where any part of the Billing Contact is inaccurate or incomplete, the Authority may charge an administration fee to re-issue an invoice.

5.6: You must pay each invoice within 28 days of its date, using the payment methods described in the invoice.

5.7: If payment is not made in accordance with clause 5.6, the Authority may:

• suspend any further work on the application; and/or
• determine the application based on the information available

6. Variation to the T&Cs

6.1: The Authority may vary these terms and conditions where required by law, policy or operational need. The Authority may make such changes without prior notice to You.

7. Miscellaneous

7.1: The terms and conditions shall be binding upon the parties and their successors from the date that You confirm Your agreement to them. For the avoidance of doubt, You confirm Your agreement to the terms and conditions through the act of submitting an application to the Authority.

7.2: The Authority may choose to waive or reduce recoverable expenses in respect of the Chargeable Activities, having regard to legal and policy requirements.

7.3: Information related to applications may be disclosed under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004, subject to applicable exemptions.

8. Complaints

8.1: If you are not satisfied with any aspect of this service please follow the Authority’s complaints procedure, details of which can be viewed at: Complaints procedure.

9. Governing Law

9.1: The terms and conditions and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.

9.2: The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the terms and conditions.