Regulation 22 Fees

United Kingdom

(1)

Subject to paragraphs (2) and (5), the Secretary of State may charge a fee in respect of—

(a)

determining—

(i)

an application for a permit under regulation 4 F1or 4A;

(ii)

an application for a variation under regulation 12 F2or 12B;

(iii)

a surrender offer;

(iv)

an application for assignment under regulation 18;

(b)

the subsistence of a permit;

(c)

carrying out—

F3(ai)

a variation under regulation 12A;

(i)

a variation of the conditions of a permit further to a review under regulation 13 F4or 15A;

(ii)

a revocation of a permit;

(iii)

a test or analysis of a substance;

(iv)

a verification of the validity of, or the results of, a test or analysis of a substance;

(v)

an assessment of the effect upon the environment of the operation of an offshore combustion installation.

F5(d)

the provision of advice in respect of—

(i)

an application or potential application for a permit under regulation 4 or 4A;

(ii)

an application or potential application for a variation under regulation 12 or 12B;

(iii)

a variation under regulation 12A;

(iv)

a variation of the conditions of a permit further to a review under regulation 13 or 15A;

(v)

a surrender offer;

(vi)

an application or potential application for assignment under regulation 18;

(vii)

a revocation of a permit;

(viii)

a test or analysis of a substance;

(ix)

a verification of the validity of, or the results of, a test or analysis of a substance;

(x)

an assessment of the effect upon the environment of the operation of an offshore combustion installation.

(2)

A fee may only be charged under paragraph (1) where—

(a)

the Secretary of State has set out the fee in a charging scheme; and

(b)

the charging scheme has been made publicly available before the scheme takes effect.

(3)

A fee is payable at the time provided in the charging scheme.

(4)

A charging scheme—

(a)

may be varied from time to time; and

(b)

must be so framed such that the fees set out in the scheme are sufficient, taking one year with another, to meet the costs incurred by or on behalf of the Secretary of State in relation to the matters in respect of which a fee is payable.

(5)

A fee may only be charged in respect of the matters in paragraph (1)(c)(iii) to (v) F6and (d)(viii) to (x) where those matters are carried out by the Secretary of State—

(a)

in anticipation of or in connection with an application for a permit under regulation 4 F7or 4A or an application for a variation under regulation 12 F8or 12B; or

(b)

pursuant to the conditions in a permit.

Annotations

Textual amendments

F1: Words in reg. 22(1)(a)(i) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 31(a)
F2: Words in reg. 22(1)(a)(ii) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 31(b)
F3: Reg. 22(1)(c)(ai) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 31(c)(i)
F4: Words in reg. 22(1)(c) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 31(c)(ii)
F5: Reg. 22(1)(d) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 31(d)
F6: Words in reg. 22(5) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 31(e)(i)
F7: Words in reg. 22(5) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 31(e)(ii)
F8: Words in reg. 22(5) inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 31(e)(iii)