Paragraph 9 Approval of charging scheduleI1

England and Wales Not yet in force

(1)

A charging authority may approve a charging schedule only if—

(a)

the examiner recommends that it be approved under paragraph 8(4) or (6), and

(b)

the charging authority has had regard to the examiner’s recommendations and reasons for them.

(2)

If the examiner makes recommendations under paragraph 8(4), the charging authority may approve the charging schedule only if it does so with modifications that are sufficient and necessary to remedy the non-compliance specified by the examiner (although those modifications need not be the ones recommended by the examiner).

(3)

If a charging authority approves a charging schedule, it may do so with or without any of the modifications recommended under paragraph 8(5) or (6)(b).

(4)

The modifications with which a charging schedule may be approved include only—

(a)

modifications required by sub-paragraph (2), and

(b)

modifications allowed by sub-paragraph (3).

(5)

Where the charging authority approves a charging schedule in respect of which the examiner made recommendations under paragraph 8(4), the charging authority must publish a report setting out how the charging schedule as approved remedies the non-compliance specified under paragraph 8(4)(a).

(6)

CIL regulations may make further provision about the form and content of that report.

(7)

A charging schedule must be approved—

(a)

at a meeting of the charging authority, and

(b)

by a majority of votes of members present.

(8)

CIL regulations may make provision for the correction of errors in a charging schedule after approval.

Annotations

Commencement

I1: Sch. 13 para. 9 not in force at Royal Assent, see s. 409(2)