Regulation 22 Fees and charges in relation to local authority permits
There shall be charged by and paid to regulators such fees and charges as may be prescribed from time to time by a scheme under paragraph (2) (whether by being specified in or made calculable under the scheme).
The Secretary of State may make and from time to time revise a scheme prescribing—
fees payable in respect of applications for the grant of local authority permits;
fees payable in respect of, or of applications for, the variation, transfer and surrender of such permits; and
charges payable in respect of the subsistence of such permits.
The Secretary of State shall, on making or revising a scheme under paragraph (2), lay a copy of the scheme or of the revisions made to the scheme or, if he considers it more appropriate, the scheme as revised, before each House of Parliament.
A scheme under paragraph (2) may, in particular—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities;
allow for reduced fees or charges to be payable in respect of permits granted to the same person;
provide for the times at which and the manner in which the payments required by the scheme are to be made (subject to the requirements in these Regulations as to the times at which payment is required); and
make such incidental, supplementary and transitional provisions as appears to the Secretary of State to be appropriate.
The Secretary of State, in framing a scheme under paragraph (2), shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover the expenditure incurred by—
local authority regulators in exercising their functions under these Regulations in relation to local authority permits;
the Environment Agency in exercising its functions under regulation 13(1) or in preparing guidance in relation to the authorisation of installations and plants covered by local authority permits.
A scheme under paragraph (2) shall provide that to the extent that sums paid to a local authority regulator under the scheme relate to the expenditure incurred by the Environment Agency mentioned in paragraph (5)(b) those sums shall be paid by the local authority regulator to the Environment Agency.
If it appears to the local authority regulator that an operator has failed to pay a charge due in respect of the subsistence of a permit, it may revoke the permit under regulation 21.
In this regulation, “local authority permit” means a permit applying to installations or mobile plant in relation to which a local authority exercises functions under these Regulations.