Environment Act 1995

Changes over time for: Section 41A

Version Superseded: 31/12/2020

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Environment Act 1995, Section 41A is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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[F141A [F2Charges in respect of [F3the EU greenhouse gas emissions trading scheme]] E+W+S

[F4(1)Each of the [F5charging authorities] may require the payment to it of such charges as may from time to time be prescribed—

(a)as a means of recovering costs incurred by it in performing functions conferred under or by virtue of regulations made for the purpose of implementing the EU ETS Directive;

(b)in respect of—

(i)an application to open an account that, under the [F6Registries Regulation 2013], is required to be held in a trading scheme registry;

(ii)the subsistence of such an account;

(iii)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 [F7charging authority] in question.

(1A)A charging scheme may—

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

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

(c)revoke or amend any previous charging scheme;

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

(1B)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.

(1C)A [F8charging authority] may not make a charging scheme unless the provisions of the scheme have been approved by the Secretary of State [F9, the Welsh Ministers] or the Scottish Ministers under section 42.]

(2)If the Agency—

(a)proposes to prescribe [F10charges under subsection (1)(b)] or to amend any provision for such charges included in a charging scheme, and

(b)notifies [F11another charging authority] of its proposals,

the Agency and [F12that other charging authority] shall each include in a charging scheme (subject to approval by the Secretary of State [F13, the Welsh Ministers] [F14or the Scottish Ministers under section 42]) provision giving effect to the proposals.

(3)If the Agency revises any proposals of which it has given notification under subsection (2) above, and notifies [F15the relevant charging authority] accordingly, the obligations imposed by that subsection apply in relation to the proposals as revised.

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

(5)[F16The Natural Resources Body for Wales and] SEPA shall pass on to the Agency any [F17charges under subsection (1)(b)] that [F18they receive] .

(6)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—

[F19(a)an application to open an account in a trading scheme registry, other than one that under the [F20Registries Regulation 2013] is required to be held in that registry;]

(b)the subsistence of such an account;

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

[F21(7)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
“trading scheme registry” means any registry operated by the Agency for the purpose of meeting the obligations of the United Kingdom referred to in Articles 4(3) and 5(1) of the Registries Regulation 2013.]]