36.—(1) The regulator must publish a document (“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 its proposals to the attention of the persons likely to be affected by them; and
(b)specify the period within which representations or objections to the proposals may be made.
(3) A charging scheme cannot be published unless it has been approved—
(a)in the case of proposals by the Environment Agency, by the Secretary of State;
(b)in the case of proposals by SEPA, by the Scottish Ministers;
(c)in the case of proposals by NRW, by the Welsh Ministers;
(d)in the case of proposals by the chief inspector, by the Department of Agriculture, Environment and Rural Affairs.
(4) Where a proposed charging scheme has been submitted for approval under paragraph (3), the appropriate national authority—
(a)must consider any representations or objections made under paragraph (2)(b); and
(b)may make such modifications to the proposal as they consider 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 to a charging scheme prepared and published by the Secretary of State.