Section 42 Approval of charging schemes.C1C2C3C4

Before submitting a proposed charging scheme to the Secretary of State F1or the Welsh Ministers for approval, a charging authority shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by the scheme, publish a notice—

Where any proposed charging scheme has been submitted to the Secretary of State F3or the Welsh Ministers for approval, he F4or they shall, in determining whether or not to approve the scheme or to approve it subject to modifications,—

The matter mentioned in subsection F7(2)(b)(i) above is the desirability of ensuring that, in the case of each of the descriptions of environmental licence specified in the paragraphs of the definition of that expression in section 56 below, the amounts recovered by the F8charging authority in question by way of charges prescribed by charging schemes are the amounts which, taking one year with another, need to be recovered by that charging authority to meet such of the costs and expenses (whether of a revenue or capital nature)—

as the Secretary of State F16or, as the case may be, the Welsh Ministers may consider it appropriate to attribute to the carrying out of those functions in relation to activities to which environmental licences of the description in question relate.

F17The matter mentioned in subsection (2)(b)(ii) above is the desirability of ensuring that the amounts recovered by the F18charging authority in question by way of charges prescribed by charging schemes are the amounts which, taking one year with another, need to be recovered by that charging authority to meet such of the costs and expenses (whether of a revenue or capital nature) which it incurs in carrying out its functions in relation to the matters described in section 41A(1) as the Secretary of State F19or, as the case may be, the Welsh Ministers may consider it appropriate to attribute to the carrying out of those functions.

Without prejudice to the generality of the expression “costs and expenses”, in determining for the purposes of subsection (3) F20or (3A) above the amounts of the costs and expenses which the Secretary of State considers F21or which the Welsh Ministers consider it appropriate to attribute to the carrying out of a F22charging authority's or the F23Food Standard Agency’s functions F24..., the Secretary of State F25or the Welsh Ministers—

If and to the extent that a charging scheme relates to any licence under Chapter II of Part II of the 1991 Act (abstraction and impounding), the Secretary of State F30or the Welsh Ministers (as the case may be) may consider it appropriate to attribute to the carrying out of F31an appropriate agency's functions in relation to activities to which such a licence relates any costs and expenses incurred by the F32appropriate agency in carrying out any of its functions under Part II of that Act or under section 6(2) F33or (2A) above.

Subsection (5) above is without prejudice to what costs and expenses the Secretary of State F34or the Welsh Ministers may consider it appropriate to attribute to the carrying out of any functions of a F35charging authority, the Minister or the Secretary of State in relation to activities to which environmental licences of any particular description relate.

The consent of the Treasury shall be required for the giving of approval to a charging scheme F36submitted by the Agency F37or by both of the appropriate agencies acting jointly . . ..

It shall be the duty of a F38charging authority to take such steps as it considers appropriate for bringing the provisions of any charging scheme made by it which is for the time being in force to the attention of persons likely to be affected by them.

If and to the extent that any sums recovered by a F39charging authority by way of charges prescribed by charging schemes may fairly be regarded as so recovered for the purpose of recovering the amount required to meet (whether in whole or in part)—F40such of the costs and expenses incurred by the Food Standards Agency as fall within subsection (3) above those sums shall be paid by that charging authority F41to the Food Standards Agency.

F42The Agency must pay to the Natural Resources Body for Wales any sums which the Agency recovers under a charging scheme made under section 41 (other than a joint charging scheme made in accordance with section 41B) that may fairly be regarded as recovered for the purpose of meeting (in whole or in part) any costs and expenses incurred, or deemed to have been incurred, by the Body in carrying out its functions under Part II of the 1991 Act or section 6(2A) above.

The Natural Resources Body for Wales must pay to the Agency any sums which the Body recovers under a charging scheme made under section 41 (other than a joint charging scheme made in accordance with section 41B) that may fairly be regarded as recovered for the purpose of meeting (in whole or in part) any costs and expenses incurred by the Agency in carrying out its functions under Part II of the 1991 Act or section 6(2) above, other than costs and expenses that are deemed to have been incurred by the Body.

Any sums recovered by an appropriate agency by way of charges prescribed by a joint charging scheme made in accordance with section 41B must be apportioned between, and paid to, each appropriate agency in the manner specified by the scheme pursuant to section 41B(2)(b).

For the purposes of subsections (9A) and (9B), costs or expenses are deemed to have been incurred by the Natural Resources Body for Wales if the liability for those costs or expenses was transferred from the Agency to the Body on 1st April 2013—

For the purposes of subsection (9) above, any question as to the extent to which any sums may fairly be regarded as recovered for the purpose of recovering the amount required to meet the costs and expenses falling within F43that subsection shall be determined by the Secretary of State.

F44Any dispute as to the apportionment or payment of sums under subsection (9A), (9B) or (9C) shall be determined by the Secretary of State and the Welsh Ministers acting jointly.

F45In this section “charging scheme” means a scheme made under section 41 or 41A F46and “charging authority” means the body that makes or proposes to make a charging scheme.

F47In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.