PART 5Charging
Charges35
1
The regulator may charge an applicant, operator, aircraft 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 the UK ETS;
b
considering an application under or by virtue of this Order;
c
issuing, varying, transferring, cancelling, surrendering or revoking a permit;
d
issuing or varying an emissions monitoring plan;
e
giving any notice or other document provided for by or under this Order;
f
receiving any notice or other document provided for by or under this Order;
g
monitoring compliance with this Order;
h
making a determination of emissions or aviation emissions under article 45.
3
A charge under paragraph (1) may include an annual or other periodic charge to an operator or aircraft operator that does not relate to any specific activity.
4
The regulator may apply different charges for 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
The regulator may require a charge to be paid before it carries out the activity to which the charge relates.
7
If the regulator does not require a charge to be paid in accordance with paragraph (6), it is payable on demand.
8
The 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.