SCHEDULES
SCHEDULE 11Charging schemes
Definitions
I11
In this Schedule—
“charging scheme” means—
- a
a scheme made by the CAA under paragraph 2;
- b
a scheme made by regulations under paragraph 3;
- a
“charging authority”, in relation to a charging scheme, means the person to whom the scheme provides for payments to be made.
Charging by the CAA
2
I21
The CAA may make a scheme providing for payment to it of charges in respect of the performance by the CAA of functions that are—
a
conferred on it by or under this Act, and
b
specified in the scheme.
I52
The CAA may vary or revoke a scheme made under this paragraph.
I53
The CAA must publish—
a
any scheme made under this paragraph;
b
any variation or revocation of such a scheme;
c
the date on which any such scheme, variation or revocation takes effect.
A date published under paragraph (c) must be at least 14 days after the day on which it is published.
Charging by persons other than the CAA
3
I31
Regulations may make a scheme providing for payment to the Secretary of State, or to an appointed person other than the CAA, of charges in respect of the performance by the Secretary of State or the appointed person of functions that are—
a
conferred on the Secretary of State or the appointed person by or under this Act, and
b
specified in the scheme.
I62
If an appointed person other than the CAA makes a proposal to the Secretary of State for a scheme under this paragraph, the Secretary of State must consider whether to make such a scheme (either in the terms proposed or with modifications).
I33
A scheme made by regulations under this paragraph may make provision as to the retention or remission of amounts received by an appointed person under the scheme.
Content of charging schemes
I74
1
A charging scheme may—
a
specify the amount of a charge or a scale of charges by reference to which the amount is to be ascertained, or
b
provide that a charge is to be of an amount determined by the scheme or by the charging authority under the scheme.
2
A charging scheme may provide that the charge for the performance of a particular function must not exceed an amount specified in the scheme.
3
A charging scheme may specify factors to which the charging authority may or must have regard when ascertaining or determining the amount of a particular charge.
4
A charging scheme may, in relation to each charge specified in it, specify—
a
the manner in which the charge is to be paid;
b
the time at which the charge is to be paid;
c
the person by whom the charge is to be paid.
5
A charging scheme may specify different charges for different cases.
Consultation
5
I41
Before making a scheme under paragraph 2, the CAA—
a
must consult the persons who, in the CAA's opinion, are likely to be affected by the scheme or any of those persons that it thinks fit, and
b
must then consult the Secretary of State.
I42
Before making a proposal for a scheme under paragraph 3, an appointed person must consult the persons who, in the appointed person's opinion, are likely to be affected by the scheme or any of those persons that it thinks fit.
I43
Before making regulations under paragraph 3, the Secretary of State must consult—
a
the persons who, in the Secretary of State's opinion, are likely to be affected by the scheme or any of those persons that the Secretary of State thinks fit, and
b
the charging authority (if it is not the Secretary of State).
I84
But sub-paragraph (3) does not apply if the regulations give effect without modification to a proposal made by an appointed person.
Effect of licence conditions
I96
The inclusion in a licence under this Act of a condition as to payment of charges determined under a charging scheme does not prevent the charging authority from recovering such charges as a debt due to the charging authority.
Duty to charge
I107
1
Where provision is made in a charging scheme for a charge to be paid in connection with the performance of a function by a charging authority, it is the duty of the charging authority to charge accordingly.
2
But the charging authority may waive a charge (in whole or in part) if it thinks fit to do so in a particular case.
3
This paragraph does not affect a charging authority's power to enter into an agreement for the payment to it of charges in respect of the performance of functions in respect of which a charging scheme does not provide for the making of a charge.