Section 41A Charges in respect of the EU greenhouse gas emissions trading schemeF1F24F25
England, Wales and Scotland
Each of the F3charging authorities may require the payment to it of such charges as may from time to time be prescribed—
as a means of recovering costs incurred by it in performing functions conferred under or by virtue of—
the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925);
the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1996);
the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038).
and in this section “prescribed” means specified in, or determined under, a scheme (in this section referred to as a “charging scheme”) made under this section by the F7charging authority in question.
A charging scheme may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities;
provide for the times at which, and the manner in which, the charges prescribed by the scheme are to be paid;
revoke or amend any previous charging scheme;
contain supplemental, incidental, consequential or transitional provision for the purposes of the scheme.
A charging scheme must specify, in relation to any charge prescribed by the scheme, the description of person who is liable to pay the charge.
If the Agency—
proposes to prescribe F10charges under subsection (1)(b) or to amend any provision for such charges included in a charging scheme, and
notifies F11another charging authority of its proposals,
the Agency and F12that other charging authority shall each include in a charging scheme (subject to approval by the Secretary of State F13, the Welsh Ministers F14or the Scottish Ministers under section 42) provision giving effect to the proposals.
If the Agency revises any proposals of which it has given notification under subsection (2) above, and notifies F15the relevant charging authority accordingly, the obligations imposed by that subsection apply in relation to the proposals as revised.
A notification under subsection (2) or (3) above shall include details of the amount of the proposed charges.
A charging scheme made by the Agency may require the payment to the Agency of such charges as may from time to time be prescribed in respect of—
the subsistence of such an account;
the updating of information provided to the Agency in relation to such an account.
In this section—
“charging authority” means the Agency, the Natural Resources Body for Wales or SEPA;
“the Registries Regulation 2013” means Commission Regulation (EU) No 389/2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 290/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011, as amended from time to time; and
F23“the Kyoto Protocol Registry” means the registry administered on behalf of the United Kingdom for the purposes of its obligations as a party to the Kyoto Protocol to the United Nations Framework Convention on Climate Change.
Annotations
Textual amendments
- F1
S. 41A inserted (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), Sch. 6 para. 1(2) (with reg. 3)
- F2
Ss. 41A(1)-(1C) substituted for s. 41A(1) (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(3)
- F3
Words in s. 41A(1) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(2)(a) (with art. 24)
- F4
S. 41A(1)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(4); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in s. 41A(1)(b)(i) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 13(2)
- F6
Words in s. 41A(1)(b)(i) substituted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 11(a)
- F7
Words in s. 41A(1) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(2)(b) (with art. 24)
- F8
Words in s. 41A(1C) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(3)(a) (with art. 24)
- F9
Words in s. 41A(1C) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(3)(b) (with art. 24)
- F10
Words in s. 41A(2) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(4)(a)
- F11
Words in s. 41A(2)(b) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(4)(a) (with art. 24)
- F12
Words in s. 41A(2) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(4)(b)(i) (with art. 24)
- F13
Words in s. 41A(2) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(4)(b)(ii) (with art. 24)
- F14
Words in s. 41A(2) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(4)(b)
- F15
Words in s. 41A(3) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(5) (with art. 24)
- F16
Words in s. 41A(5) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(6)(a) (with art. 24)
- F17
Words in s. 41A(5) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(5)
- F18
Words in s. 41A(5) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(6)(b) (with art. 24)
- F19
S. 41A(6)(a) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(6)
- F20
Words in s. 41A(6)(a) substituted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 11(b)
- F21
Words in s. 41A(6)(a) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 13(2)
- F22
S. 41A(7) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 13(3)
- F23
Words in s. 41A(7) substituted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 11(c)
- F24
Words in s. 41A heading substituted (1.1.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 (S.I. 2011/2911), reg. 1(1), Sch. para. 23(a) (with Sch. para ss. 33-36)
- F25
Words in s. 41A heading substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(2)
Notes on Chapter III
Textual amendments
- F1
Words in Pt. I Ch. III heading inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 370 (with Sch. 7)