Article 20 Article 36 substituted and article 36A insertedI1

For article 36 substitute—

“Charging scheme: regulators

36

(1)

The regulator must publish a document (a “charging scheme”) setting out the charges payable in accordance with article 35(1) or how they will be calculated.

(2)

Before publishing a charging scheme, the regulator must—

(a)

bring the proposals to the attention of persons likely to be affected by them;

(b)

specify the period within which representations or objections to the proposals may be made.

(3)

A charging scheme may not be published unless it has been approved by the appropriate national authority.

(4)

Where a proposed charging scheme is submitted for approval under paragraph (3), the appropriate national authority—

(a)

must consider any representations or objections made under paragraph (2)(b);

(b)

may make such modifications to the proposals as the appropriate national authority considers appropriate.

(5)

If the regulator proposes to revise a charging scheme in a material way, paragraphs (2) to (4) apply to the revised charging scheme.

(6)

Paragraphs (2) to (5) do not apply in relation to a charging scheme published by the Secretary of State.

(7)

In this article, “appropriate national authority” means—

(a)

where the regulator is the Environment Agency, the Secretary of State;

(b)

where the regulator is the chief inspector, the Department of Agriculture, Environment and Rural Affairs.

(c)

where the regulator is SEPA, the Scottish Ministers;

(d)

where the regulator is NRW, the Welsh Ministers.

Charging scheme: registry administrator

36A

(1)

The registry administrator must publish a document (a “charging scheme”) setting out the charges payable in accordance with article 35(1) or how they will be calculated.

(2)

Before publishing a charging scheme, the registry administrator must—

(a)

bring the proposals to the attention of persons likely to be affected by them;

(b)

specify the period within which representations or objections to the proposals may be made.

(3)

A charging scheme may not be published unless it has been approved by the UK ETS authority.

(4)

Where a proposed charging scheme is submitted for approval under paragraph (3), the UK ETS authority—

(a)

must consider any representations or objections made under paragraph (2)(b);

(b)

may make such modifications to the proposals as the UK ETS authority considers appropriate.

(5)

If the registry administrator proposes to revise a charging scheme in a material way, paragraphs (2) to (4) apply to the revised charging scheme.”.