We are currently reviewing our processing of Sect 106 agreements with an emphasis on administration and monitoring. I understand that many Authorities are adding a supplementary charge in the agreement to cover the cost which is used to fund or part fund posts with specific responsibility for monitoring and enforcing agreement. My question is on what legislative basis can this charge be made? I appreciate there is a requirement to manage the agreements in circ 05/05 but does that make it a statutory requirement, if it does and as I understand it, a charge cannot be made as it becomes a function of the LA and not an additional service which it does not have to provide. Could anyone point me in the right direction so we can establish the legitimacy of introducing a charge
