35.—(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.
36.—(1) The regulator must publish a document (“charging scheme”) setting out the charges payable in accordance with article 35(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; and
(b)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;
(b)in the case of proposals by SEPA, by the Scottish Ministers;
(c)in the case of proposals by NRW, by the Welsh Ministers;
(d)in the case of proposals by the chief inspector, by the Department of Agriculture, Environment and Rural Affairs.
(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 they consider appropriate.
(5) If the regulator proposes to revise a charging scheme in a material way, paragraphs (2) to (4) apply to the revised charging scheme.
(6) Paragraphs (2) to (5) do not apply to a charging scheme prepared and published by the Secretary of State.
37.—(1) The Environment Agency must pay the Secretary of State any charge received by it.
(2) SEPA must pay the Scottish Ministers any charge received by it.
(3) NRW must pay the Welsh Ministers any charge received by it.
(4) The chief inspector must pay the Department of Agriculture, Environment and Rural Affairs any charge received by it.