Section 41A: Charges in respect of the EU greenhouse gas emissions trading scheme, Environment Act 1995

Each of the charging authorities may require the payment to it of such charges as may from time to time be prescribed—

as a means of recovering costs incurred by it in performing functions conferred under or by virtue of—

the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925);

the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1996);

the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038).

in respect of—

an application to open an account that, under the Registries Regulation 2013, is required to be held in the Kyoto Protocol Registry;

the subsistence of such an account;

the updating of information provided to the Agency in relation to such an account;

and in this section "prescribed" means specified in, or determined under, a scheme (in this section referred to as a "charging scheme") made under this section by the charging authority in question.

A charging scheme may—

make different provision for different cases, including different provision in relation to different persons, circumstances or localities;

provide for the times at which, and the manner in which, the charges prescribed by the scheme are to be paid;

revoke or amend any previous charging scheme;

contain supplemental, incidental, consequential or transitional provision for the purposes of the scheme.

A charging scheme must specify, in relation to any charge prescribed by the scheme, the description of person who is liable to pay the charge.

A charging authority may not make a charging scheme unless the provisions of the scheme have been approved by the Secretary of State , the Welsh Ministers or the Scottish Ministers under section 42.

If the Agency—

proposes to prescribe charges under subsection (1)(b) or to amend any provision for such charges included in a charging scheme, and

notifies another charging authority of its proposals,

the Agency and that other charging authority shall each include in a charging scheme (subject to approval by the Secretary of State , the Welsh Ministers or the Scottish Ministers under section 42) provision giving effect to the proposals.

If the Agency revises any proposals of which it has given notification under subsection (2) above, and notifies the relevant charging authority accordingly, the obligations imposed by that subsection apply in relation to the proposals as revised.

A notification under subsection (2) or (3) above shall include details of the amount of the proposed charges.

The Natural Resources Body for Wales and SEPA shall pass on to the Agency any charges under subsection (1)(b) that they receive.

A charging scheme made by the Agency may require the payment to the Agency of such charges as may from time to time be prescribed in respect of—

an application to open an account in the Kyoto Protocol Registry, other than one that under the Registries Regulation 2013 is required to be held in that registry;

the subsistence of such an account;

the updating of information provided to the Agency in relation to such an account.

In this section—

"charging authority" means the Agency, the Natural Resources Body for Wales or SEPA;
"the Registries Regulation 2013" means Commission Regulation (EU) No 389/2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 290/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011, as amended from time to time; and
"the Kyoto Protocol Registry" means the registry administered on behalf of the United Kingdom for the purposes of its obligations as a party to the Kyoto Protocol to the United Nations Framework Convention on Climate Change.

Section 41A: Charges in respect of the EU greenhouse gas emissions trading scheme

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