OpenLegislation

Article 36 Charging scheme: regulatorsF1I1

United Kingdom

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A charging scheme may not be published unless it has been approved by the appropriate national authority.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

Annotations

Textual amendments

F1

Arts. 36, 36A substituted for art. 36 (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 20

Commencement

I1

Art. 36 in force at 12.11.2020, see art. 2(1)