PART 4Charging
Approval, publication and revision of charges43.
(1)
A Regulator must publish a document (“charging scheme”) setting out the charges payable in accordance with article 42(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,
(b)
allow persons likely to be affected by the proposals to submit representations on, or objections to, them, and
(c)
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 StateF1,
(b)
in the case of proposals by SEPA, by the Scottish MinistersF1,
(c)
in the case of proposals by NRW, by the Welsh MinistersF1,
(d)
(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 it considers appropriate.
(5)
If a Regulator proposes to revise a charging scheme in a material way, paragraphs (2) to (4) apply to the revised charging document.
(6)
Paragraphs (2) to (5) do not apply to a charging scheme prepared and published by the Secretary of State.