# The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020, Article 20: Article 36 substituted and article 36A inserted

Extent: E+W+S+N.I.

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(3) A charging scheme may not be published unless it has been approved by the appropriate national authority.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(3) A charging scheme may not be published unless it has been approved by the UK ETS authority.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.”.

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Source: https://www.legislation.gov.uk/uksi/2020/1557/article/20 (the official version)
Page: https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-order-2020/article-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.