PART 4

Charging

Charges
42
1
A Regulator may charge an aeroplane operator or any other person an amount as a means of recovering costs incurred by the Regulator in performing activities in accordance with or by virtue of this Order.
2
The activities referred to in paragraph (1) include—
a
giving advice in relation to an application under or by virtue of this Order or any other advice in relation to the operation of CORSIA,
b
considering an application under or by virtue of this Order,
c
issuing or varying an Emissions Monitoring Plan,
d
giving any notice or other document provided for by or under this Order,
e
receiving any notice or other document provided for by or under this Order,
f
monitoring compliance with this Order.
3
A charge under paragraph (1) may include an annual or other periodic charge to an aeroplane operator that does not relate to any specific activity.
4
A Regulator may apply different charges for—
a
the same activity, and
b
different categories of person in relation to the same activity.
5
Payment of a charge is not received until the Regulator has cleared funds for the full amount due and a charge, if unpaid, may be recovered by the Regulator as a civil debt.
6
A Regulator may require a charge to be paid before it carries out the activity to which the charge relates.
7
If a Regulator does not require a charge to be paid in accordance with paragraph (6) it is payable on demand.
8
A Regulator is not required to reimburse a charge where—
a
an activity is not completed, or
b
the person liable to pay the charge does not remain within the scheme for all of the period in relation to which the charge is payable or has been calculated.
Art. 42 in force at 26.5.2021, see art. 1
Words in art. 42(2)(c) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 23