43.—(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 State[F1,]
(b)in the case of proposals by SEPA, by the Scottish Ministers[F1,]
(c)in the case of proposals by NRW, by the Welsh Ministers[F1,]
(d)in the case of proposals by the chief inspector, by the Department of Agriculture, Environment and Rural Affairs(1).
(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.
Textual Amendments
F1Art. 43: comma substituted for semicolon (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 4
Commencement Information
I1Art. 43 in force at 26.5.2021, see art. 1
The Department of Agriculture, Environment and Rural Affairs is the department for the Northern Ireland region.