Environment Act 1995

Charging schemes E+W+S

41 Power to make schemes imposing charges. E+W+S

(1) Subject to the following provisions of this section and [F1 sections 41B, 41C and 4] below—

(a) in the case of any particular licence under Chapter II of Part II of the 1991 Act (abstraction and impounding), [F2 an appropriate agency] may require the payment to it of such charges as may from time to time be prescribed;

(b) in relation to other environmental licences, there shall be charged by and paid to [F3 the Agency, the Natural Resources Body for Wales or SEPA] such charges as may from time to time be prescribed; F4 ...

[F5 (ba) as a means of recovering costs incurred by it in performing functions conferred by the Reservoirs Act 1975 [F6 an appropriate agency] may require the payment to it of such charges as may from time to time be prescribed;]

(c) [F7 as a means of recovering costs incurred by it in performing functions conferred by regulations under section 62 of the 1990 Act (dangerous or intractable waste) each of the new Agencies may require the payment to it of such charges as may from time to time be prescribed;] F8 [F9 ...

[F10 (ca) as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (England and Wales) Regulations 2005, the Agency may require the payment to it of such charges as may from time to time be prescribed;

(cb) as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (Wales) Regulations 2005, the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;]

[F11 (cc) as a means of recovering costs incurred by it in performing functions conferred by regulations made under section 62ZA of the Environmental Protection Act 1990 (special provision with respect to hazardous waste), the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;]

[F12 (d) as a means of recovering costs incurred by it in performing functions in connection with the regulation of the importation or exportation of waste or the transit of waste for export, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;]

[F13 (da) as a means of recovering costs incurred by it in performing functions conferred by regulations made under section 34CA of the Environmental Protection Act 1990 (electronic waste tracking) the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;]

[F14 (e) as a means of recovering costs incurred by it in performing functions conferred by [F15 Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast)] as amended from time to time, [F16 the Agency, the Natural Resources Body for Wales or SEPA] may require the payment to it of such charges as may from time to time be prescribed;]

[F17 (f) as a means of recovering costs incurred by it in performing functions conferred by regulations under section 79 of the Climate Change (Scotland) Act 2009 (asp 12), SEPA may require the payment to it of such charges as may from time to time be prescribed;]

[F18 (f) as a means of recovering costs incurred by it in performing functions conferred by [F19 [F20 assimilated] law which implemented Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel (as it had effect immediately before IP completion day)], [F21 an appropriate agency] may require the payment to it of such charges as may from time to time be prescribed;]

[F22 (g) as a means of recovering costs incurred by it in performing functions conferred by [F23 [F24 assimilated] law which implemented Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators (as it had effect immediately before IP completion day)] [F25 the Agency, the Natural Resources Body for Wales or SEPA] may require the payment to it of such charges as may from time to time be [F26 prescribed;]]

[F27 (h) as a means of recovering costs incurred by it in performing functions conferred by regulation 8A of the Greenhouse Gas Emissions Trading Scheme (Amendment) and National Inventory Regulations 2005, the Agency may require the payment to it of such charges as may from time to time be prescribed;

F28 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F29 (k) as a means of recovering costs incurred by it in performing functions conferred by Regulation EU 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008F30 , the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;]

[F31 (l) as a means of recovering costs incurred by it in performing functions conferred by Regulation (EC) No 1005/2009 on substances that deplete the ozone layer, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;

(m) as a means of recovering costs incurred by it in performing functions conferred by Regulation (EU) No 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;]

[F32 (n) as a means of recovering costs incurred by it in performing functions conferred by regulations made under Schedule 4 or 5 to the Environment Act 2021, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;

(o) as a means of recovering costs incurred by it in performing functions conferred by the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;

(p) as a means of recovering costs incurred by it in performing functions conferred by the Waste Electrical and Electronic Equipment Regulations 2013 (S.I. 2013/3113), the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;

(q) as a means of recovering costs incurred by it in performing functions relating to section 33(1) of the Environmental Protection Act 1990, the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;

(r) as a means of recovering costs incurred by it in performing functions relating to regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to a regulated facility which is a waste operation (within the meaning of those Regulations), the Agency or the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;]

[F33 (s) as a means of recovering costs which are incurred by it in performing functions relating to sections 45A to 45AZB of the Environmental Protection Act 1990, the Agency may require the payment to it of such charges as may from time to time be prescribed;]

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 [F34 body] in question.

[F35 (1A) In paragraph (d) of subsection (1) “importation”, “exportation”, “transit of waste for export” and “waste” have the meaning they have in section 141 of the Environmental Protection Act 1990.]

(2) As respects environmental licences, charges may be prescribed in respect of—

(a) the grant or variation of an environmental licence, or any application for, or for a variation of, such a licence;

(b) the subsistence of an environmental licence;

(c) the transfer (where permitted) of an environmental licence to another person, or any application for such a transfer;

(d) the renewal (where permitted) of an environmental licence, or any application for such a renewal;

(e) the surrender (where permitted) of an environmental licence, or any application for such a surrender; or

(f) any application for the revocation (where permitted) of an environmental licence.

[F36 (g) any other approval, consent, consideration or determination carried out by the Agency relating to any [F37 [F38 assimilated] obligation] or any application for such an approval of consent, consideration or determination.]

F39 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A charging scheme may, for the purposes of subsection (2)(b) above, impose—

(a) a single charge in respect of the whole of any relevant licensed period;

(b) separate charges in respect of different parts of any such period; or

(c) both such a single charge and such separate charges;

and in this subsection “relevant licensed period” means the period during which an environmental licence is in force or such part of that period as may be prescribed.

(4) Without prejudice to subsection (7)(a) below, a charging scheme may, as respects environmental licences, provide for different charges to be payable according to—

(a) the description of environmental licence in question;

(b) the description of authorised activity in question;

(c) the scale on which the authorised activity in question is carried on;

(d) the description or amount of the substance to which the authorised activity in question relates;

(e) the number of different authorised activities carried on by the same person.

(5) A charging scheme—

(a) shall specify, in relation to any charge prescribed by the scheme, the description of person who is liable to pay the charge; and

(b) may provide that it shall be a condition of an environmental licence of any particular description that any charge prescribed by a charging scheme in relation to an environmental licence of that description is paid in accordance with the scheme.

(6) Without prejudice to subsection (5)(b) above, if it appears to [F40 the Agency, the Natural Resources Body for Wales or SEPA] that any charges due and payable to it in respect of the subsistence of an environmental licence have not been paid, it may, in accordance with the appropriate procedure, suspend or revoke the environmental licence to the extent that it authorises the carrying on of an authorised activity.

(7) 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.

(8) If and to the extent that a charging scheme relates to licences under Chapter II of Part II of the 1991 Act (abstraction and impounding), the scheme shall have effect subject to any provision made by or under sections 125 to 130 of that Act (exemption from charges, imposition of special charges for spray irrigation, and charges in respect of abstraction from waters of [F41 Canal & River Trust]).

(9) A new Agency shall not make a charging scheme unless the provisions of the scheme have been approved by the Secretary of State under section 42 below.

[F42 (9A) The Natural Resources Body for Wales may not make a charging scheme unless the provisions of the scheme have been approved by the Welsh Ministers under section 42.]

(10) In this section—

• F43 ...

• “the appropriate procedure” means such procedure as may be specified or described in regulations made for the purpose by the Secretary of State;

• “authorised activity” means any activity to which an environmental licence relates.

• F44 ...

• F43 ...

[F45 (10A) Any power of the Secretary of State to make regulations under this section is exercisable in relation to Wales only after consultation with the Welsh Ministers.]

(11) Any power to make regulations under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.]

Textual Amendments

F1 Words in s. 41(1) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 16(2) (with arts. 24, 28)

F2 Words in s. 41(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(a) (with Sch. 7)

F3 Words in s. 41(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(b) (with Sch. 7)

F4 Word in s. 41(1)(b) omitted (12.7.2007) by virtue of The Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711), regs. 1, 46(1)(a) (with reg. 3)

F5 S. 41(1)(ba) inserted (E.W.) (1.10.2011) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 4 para. 39 (with s. 49(1)(6)); S.I. 2011/2204, art. 3(1)(h)

F6 Words in s. 41(1)(ba) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(c) (with Sch. 7)

F7 S. 41(1)(c) omitted (E.W.) (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in s. 41(1)(c) omitted (3.12.2007) by virtue of The Persistent Organic Pollutants Regulations 2007 (S.I. 2007/3106), regs. 1, 9(1)(a)

F9 S. 41(1)(d) and word inserted (12.7.2007) by The Transfrontier Shipment of Waste Regulations 2007 (S.I. 2007/1711), regs. 1, 46(1)(b) (with reg. 3)

F10 S. 41(1)(ca)(cb) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 S. 41(1)(cc) inserted (24.1.2022 for E., 7.3.2022 for W.) by Environment Act 2021 (c. 30), s. 60(5) (with s. 144); S.I. 2022/48, reg. 2(j); S.I. 2022/223, regs. 1(2), 2(b)

F12 S. 41(1)(d) substituted (24.1.2022) by Environment Act 2021 (c. 30), ss. 62(10)(a), 147(3) (with s. 144); S.I. 2022/48, reg. 2(k)

F13 S. 41(1)(da) inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 58(4), 147(2)(g) (with s. 144)

F14 S. 41(1)(e) and word inserted (3.12.2007) by The Persistent Organic Pollutants Regulations 2007 (S.I. 2007/3106), regs. 1, 9(1)(b)

F15 Words in s. 41(1)(e) substituted (12.8.2019) by The Persistent Organic Pollutants (Various Amendments) Regulations 2019 (S.I. 2019/1099), regs. 2(2), 3

F16 Words in s. 41(1)(e) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(d) (with Sch. 7)

F17 S. 41(1)(f) inserted (S.) (31.10.2009) by Climate Change (Scotland) Act 2009 (asp 12), s. 100(2), sch. 2 para. 2 (with s. 95); S.S.I. 2009/341, art. 2(2)(c)

F18 S. 41(1)(f) inserted (25.12.2008) by The Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 (S.I. 2008/3087), regs. 1, 17(1)(b) (with reg. 3)

F19 Words in s. 41(1)(f) substituted (E.W.) (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(iii) (as amended by S.I. 2020/1540, regs. 1(3), 12(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Word in s. 41(1)(f) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(b)

F21 Words in s. 41(1)(f) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(e) (with Sch. 7)

F22 S. 41(1)(g) inserted (5.5.2009) by The Waste Batteries and Accumulators Regulations 2009 (S.I. 2009/890), reg. 1(2), Sch. 8 para. 1(2)

F23 Words in s. 41(1)(g) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(iv) (as amended by S.I. 2020/1540, regs. 1(3), 12(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Word in s. 41(1)(g) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(b)

F25 Word in s. 41(1)(g) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(f) (with Sch. 7)

F26 Word in s. 41(1)(g) substituted (1.1.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 (S.I. 2011/2911), reg. 1(1), Sch. para. 22(a) (with Sch. para ss. 33-36)

F27 S. 41(1)(h)-(j) inserted (1.1.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 (S.I. 2011/2911), reg. 1(1), Sch. para. 22(a) (with Sch. para ss. 33-36)

F28 S. 41(1)(i)(j) omitted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 4(a)

F29 S. 41(1)(k) inserted (1.1.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(1), 48 (with reg. 1(2))

F30 OJ No L 137, 24.5.2017, p1.

F31 S. 41(1)(l)(m) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F32 S. 41(1)(n)-(r) inserted (24.1.2022 for specified purposes, 7.3.2022 for W. for specified purposes, 9.11.2022 for S. for specified purposes) by Environment Act 2021 (c. 30), s. 64(2) (with s. 144); S.I. 2022/48, reg. 2(l); S.I. 2022/223, regs. 1(2), 2(c); S.S.I. 2022/305, reg. 2(b)

F33 S. 41(1)(s) inserted (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(8), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a)

F34 Word in s. 41(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(2)(g) (with Sch. 7)

F35 S. 41(1A) inserted (24.1.2022) by Environment Act 2021 (c. 30), ss. 62(10)(b), 147(3) (with s. 144); S.I. 2022/48, reg. 2(k)

F36 S. 41(2)(g) added (S.) (11.4.2003) by The Landfill (Scotland) Regulations 2003 (S.S.I. 2003/235), reg. 21, Sch. 6 para. 1 (with regs. 4, 6)

F37 Words in s. 41(2)(g) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F38 Word in s. 41(2)(g) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(b)

F39 S. 41(2A) omitted (6.4.2010) by virtue of The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 13(2)(a) (with regs. 1(2), 16(2))

F40 Words in s. 41(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(3) (with Sch. 7)

F41 Words in s. 41(8) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 13 (with arts. 4-6)

F42 S. 41(9A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 372(4) (with Sch. 7)

F43 Words in s. 41(10) omitted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 4(b)

F44 Words in s. 41(10) omitted (6.4.2010) by virtue of The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/3381), regs. 1(1)(b), 13(2)(b) (with regs. 1(2), 16(2))

F45 S. 41(10A) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 16(3) (with arts. 24, 28)

Modifications etc. (not altering text)

C1 S. 41 applied (with modifications) (2.12.1998) by S.I. 1998/2746, reg. 16(1)

S. 41: certain functions made exercisable only after consultation with the Assembly (W.) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

C2 S. 41 restricted (E.W.) (3.11.2003) by End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635), regs. 1(2)(b), 49(2) (with regs. 3, 4)

C3 S. 41 applied (with modifications) by SI 2002/1559, Sch. 4 para. 5(15) (as inserted (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(15))

C4 S. 41 applied (S.) (13.11.2014) by The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014 (S.S.I. 2014/258), reg. 1(1), sch. para. 8 (with reg. 3)

C5 S. 41(1)(n) modified (temp.) (24.1.2022 for specified purposes, 7.3.2022 for W. for specified purposes, 9.11.2022 for S. for specified purposes) by Environment Act 2021 (c. 30), s. 64(4) (with s. 144); S.I. 2022/48, reg. 2(l); S.I. 2022/223, regs. 1(2), 2(c); S.S.I. 2022/305, reg. 2(b)

C6 S. 41(10): transfer of functions (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.

Commencement Information

I1 S. 41 wholly in force at 1.4.1996; s. 41 not in force at Royal Assent see s. 125(3); s. 41 in force for specified purposes at 21.9.1995 by S.I. 1995/1983, art. 3; s. 41 in force for further specified purposes at 1.2.1996 by S.I. 1996/186, art 2; s. 41 in force at 1.4.1996 insofar as not already in force by S.I. 1996/186, art 3

[F46 41A [F47 Charges in respect of [F48 the EU greenhouse gas emissions trading scheme]] E+W+S

[F49 (1) Each of the [F50 charging authorities] may require the payment to it of such charges as may from time to time be prescribed—

[F51 (a) as a means of recovering costs incurred by it in performing functions conferred under or by virtue of—

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

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

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

(b) in respect of—

(i) an application to open an account that, under the [F52 Registries Regulation 2013], is required to be held in [F53 the Kyoto Protocol 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 [F54 charging 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 [F55 charging authority] may not make a charging scheme unless the provisions of the scheme have been approved by the Secretary of State [F56 , the Welsh Ministers] or the Scottish Ministers under section 42.]

(2) If the Agency—

(a) proposes to prescribe [F57 charges under subsection (1)(b)] or to amend any provision for such charges included in a charging scheme, and

(b) notifies [F58 another charging authority] of its proposals,

the Agency and [F59 that other charging authority] shall each include in a charging scheme (subject to approval by the Secretary of State [F60 , the Welsh Ministers] [F61 or 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 [F62 the 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) [F63 The Natural Resources Body for Wales and] SEPA shall pass on to the Agency any [F64 charges under subsection (1)(b)] that [F65 they 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—

[F66 (a) an application to open an account in [F67 the Kyoto Protocol Registry], other than one that under the [F68 Registries 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.

[F69 (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

• [F70 “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.]]]

Textual Amendments

F46 S. 41A inserted (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), Sch. 6 para. 1(2) (with reg. 3)

F47 Words in s. 41A heading substituted (1.1.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 (S.I. 2011/2911), reg. 1(1), Sch. para. 23(a) (with Sch. para ss. 33-36)

F48 Words in s. 41A heading substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(2)

F49 Ss. 41A(1)-(1C) substituted for s. 41A(1) (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(3)

F50 Words in s. 41A(1) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(2)(a) (with art. 24)

F51 S. 41A(1)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in s. 41A(1)(b)(i) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 13(2)

F53 Words in s. 41A(1)(b)(i) substituted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 11(a)

F54 Words in s. 41A(1) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(2)(b) (with art. 24)

F55 Words in s. 41A(1C) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(3)(a) (with art. 24)

F56 Words in s. 41A(1C) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(3)(b) (with art. 24)

F57 Words in s. 41A(2) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(4)(a)

F58 Words in s. 41A(2)(b) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(4)(a) (with art. 24)

F59 Words in s. 41A(2) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(4)(b)(i) (with art. 24)

F60 Words in s. 41A(2) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(4)(b)(ii) (with art. 24)

F61 Words in s. 41A(2) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(4)(b)

F62 Words in s. 41A(3) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(5) (with art. 24)

F63 Words in s. 41A(5) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(6)(a) (with art. 24)

F64 Words in s. 41A(5) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(5)

F65 Words in s. 41A(5) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 17(6)(b) (with art. 24)

F66 S. 41A(6)(a) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 5(6)

F67 Words in s. 41A(6)(a) substituted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 11(b)

F68 Words in s. 41A(6)(a) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 13(2)

F69 S. 41A(7) substituted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 13(3)

F70 Words in s. 41A(7) substituted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 11(c)

[F71 41B. Charging schemes in respect of abstraction and impounding licences: joint charging schemes E+W+S

(1) A charging scheme under section 41 relating to licences under Chapter II of Part II of the 1991 Act may be made by both of the appropriate agencies acting jointly (referred to in this section as a “joint charging scheme”), if that scheme prescribes charges in relation to licences granted within a combined area that—

(a) is partly in England and partly in Wales; and

(b) includes all of, or any part of, the catchment areas of the rivers Dee, Wye and Severn.

(2) A joint charging scheme must—

(a) designate the combined area to which it applies; and

(b) specify the manner in which the sums recovered by way of charges prescribed by the scheme are to be apportioned between, and paid to, each appropriate agency.

(3) Subsections (9) and (9A) of section 41 do not apply to joint charging schemes.

(4) Subject to subsection (5), the appropriate agencies may not make a joint charging scheme unless the provisions of the scheme have been approved under section 42 by the Secretary of State and the Welsh Ministers acting jointly.

(5) Section 42 applies in relation to joint charging schemes as though references in that section to—

(a) anything done by or in relation to either the Secretary of State or the Welsh Ministers were references to that thing being done by or in relation to the Secretary of State and the Welsh Ministers acting jointly;

(b) a charging authority were references to both of the appropriate agencies acting jointly.

(6) This section does not affect any power of an appropriate agency to make a charging scheme under section 41.

Textual Amendments

F71 Ss. 41B, 41C inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 19 (with arts. 24, 28)

41C. Charging schemes in respect of abstraction and impounding licences: cross-border arrangements E+W+S

(1) An appropriate agency may not make or revise a relevant charging scheme unless it has—

(a) notified the other appropriate agency of its proposal; and

(b) had regard to any information provided by the other appropriate agency relating to costs or expenses—

(i) which the other appropriate agency has incurred or expects to incur, and

(ii) in respect of which the other appropriate agency considers that the relevant charging scheme should make provision.

(2) Subsection (1) does not apply to a joint charging scheme made in accordance with section 41B.

(3) An appropriate agency may not, without the consent of the other appropriate agency, enter into any agreement, or any variation of an agreement, as a result of which it will be liable to incur costs or expenses—

(a) in respect of which it would expect a relevant charging scheme made by the other appropriate agency (or by both of the appropriate agencies acting jointly) to make provision; and

(b) which would, if an existing relevant charging scheme were revised to make provision for the purpose of recovering the amount required to meet those costs or expenses in full, result in a significant increase in the charges payable under that charging scheme.

(4) Either appropriate agency may refer the question of whether consent should be given for the purposes of subsection (3) for determination by the Secretary of State and the Welsh Ministers acting jointly.

(5) The Secretary of State and the Welsh Ministers, acting jointly—

(a) may give guidance to the appropriate agencies as to the exercise of the appropriate agencies’ functions under this section;

(b) must arrange for any guidance given under this subsection to be published in such manner as they consider appropriate.

(6) The appropriate agencies must have regard to any guidance given under subsection (5).

(7) In this section, “relevant charging scheme” means a charging scheme under section 41 which relates to any extent to licences granted under Chapter II of Part II of the 1991 Act in respect of abstractions from, or impounding of, waters in the catchment areas of the rivers Dee, Wye and Severn.]

Textual Amendments

F71 Ss. 41B, 41C inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 19 (with arts. 24, 28)

42 Approval of charging schemes. E+W+S

(1) Before submitting a proposed charging scheme to the Secretary of State [F72 or the Welsh Ministers for approval, a charging authority] shall, in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by the scheme, publish a notice—

(a) setting out its proposals; and

(b) specifying the period within which representations or objections with respect to the proposals may be made to the Secretary of State [F73 or, as the case may be, the Welsh Ministers].

(2) Where any proposed charging scheme has been submitted to the Secretary of State [F74 or the Welsh Ministers for] approval, he [F75 or they] shall, in determining whether or not to approve the scheme or to approve it subject to modifications,—

(a) consider any representations or objections duly made to him [F76 or them] and not withdrawn; and

[F77 (b) have regard to—

(i) in the case of a charging scheme made under section 41, the matter specified in subsection (3);

(ii) in the case of a charging scheme made under section 41A, the matter specified in subsection (3A).]

(3) The matter mentioned in subsection [F78 (2)(b)(i)] above is the desirability of ensuring that, in the case of each of the descriptions of environmental licence specified in the paragraphs of the definition of that expression in section 56 below, the amounts recovered by the [F79 charging authority] in question by way of charges prescribed by charging schemes are the amounts which, taking one year with another, need to be recovered by that [F79 charging authority] to meet such of the costs and expenses (whether of a revenue or capital nature)—

(a) which it incurs in carrying out its functions,

(b) [F80 in the case of environmental licences which are authorisations [F81 for radioactive substances activities under the Environmental Authorisations (Scotland) Regulations 2018]—

(i) which the [F82 Food Standards Agency] incurs in carrying out [F82 its] functions under or in consequence of [F83 those Regulations], and

F84 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F80 which the Food Standards Agency incurs in carrying out its functions in relation to environmental permits under [F85 the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)] concerning the disposal of radioactive waste within the meaning of those Regulations. ]

[F86 (c) in the case of licences granted by the Agency under Chapter II of Part II of the 1991 Act (abstraction and impounding), which the Natural Resources Body for Wales incurs in carrying out its functions under Part II of that Act or section 6(2A) above in the catchment areas of the rivers Dee, Wye and Severn for purposes connected with abstractions from, or impounding of, waters in England,

(d) in the case of licences granted by the Natural Resources Body for Wales under Chapter II of Part II of the 1991 Act (abstraction and impounding), which the Agency incurs in carrying out its functions under Part II of that Act or section 6(2) above in the catchment areas of the rivers Dee, Wye and Severn for purposes connected with abstractions from, or impounding of, waters in Wales,]

as the Secretary of State [F87 or, as the case may be, the Welsh Ministers] may consider it appropriate to attribute to the carrying out of those functions in relation to activities to which environmental licences of the description in question relate.

[F88 (3A) The matter mentioned in subsection (2)(b)(ii) above is the desirability of ensuring that the amounts recovered by the [F89 charging authority] in question by way of charges prescribed by charging schemes are the amounts which, taking one year with another, need to be recovered by that [F89 charging authority] to meet such of the costs and expenses (whether of a revenue or capital nature) which it incurs in carrying out its functions in relation to the matters described in section 41A(1) as the Secretary of State [F90 or, as the case may be, the Welsh Ministers] may consider it appropriate to attribute to the carrying out of those functions.]

(4) Without prejudice to the generality of the expression “costs and expenses”, in determining for the purposes of subsection (3) [F91 or (3A)] above the amounts of the costs and expenses which the Secretary of State considers [F92 or which the Welsh Ministers consider] it appropriate to attribute to the carrying out of a [F93 charging authority's] or the [F94 Food Standard Agency’s] functions F95 ..., the Secretary of State [F96 or the Welsh Ministers]—

(a) shall take into account any determination of the [F97 charging authority's] financial duties under section 44 below [F98 or (in the case of the Natural Resources Body for Wales) under article 13 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)]; and

(b) may include amounts in respect of the depreciation of, and the provision of a return on, such assets as are held by the [F99 charging authority], [F100 or the Food Standards Agency], for purposes connected with the carrying out of the functions in question.

(5) If and to the extent that a charging scheme relates to any licence under Chapter II of Part II of the 1991 Act (abstraction and impounding), the Secretary of State [F101 or the Welsh Ministers (as the case may be)] may consider it appropriate to attribute to the carrying out of [F102 an appropriate agency's] functions in relation to activities to which such a licence relates any costs and expenses incurred by the [F103 appropriate agency] in carrying out any of its functions under Part II of that Act or under section 6(2) [F104 or (2A)] above.

(6) Subsection (5) above is without prejudice to what costs and expenses the Secretary of State [F105 or the Welsh Ministers] may consider it appropriate to attribute to the carrying out of any functions of a [F106 charging authority], the Minister or the Secretary of State in relation to activities to which environmental licences of any particular description relate.

(7) The consent of the Treasury shall be required for the giving of approval to a charging scheme [F107 submitted by the Agency] [F108 or by both of the appropriate agencies acting jointly] . . ..

(8) It shall be the duty of a [F109 charging authority] to take such steps as it considers appropriate for bringing the provisions of any charging scheme made by it which is for the time being in force to the attention of persons likely to be affected by them.

(9) If and to the extent that any sums recovered by a [F110 charging authority] by way of charges prescribed by charging schemes may fairly be regarded as so recovered for the purpose of recovering the amount required to meet (whether in whole or in part)—[F111 such of the costs and expenses incurred by the Food Standards Agency as fall within subsection (3) above] those sums shall be paid by that [F110 charging authority] [F112 to the Food Standards Agency].

[F113 (9A) The Agency must pay to the Natural Resources Body for Wales any sums which the Agency recovers under a charging scheme made under section 41 (other than a joint charging scheme made in accordance with section 41B) that may fairly be regarded as recovered for the purpose of meeting (in whole or in part) any costs and expenses incurred, or deemed to have been incurred, by the Body in carrying out its functions under Part II of the 1991 Act or section 6(2A) above.

(9B) The Natural Resources Body for Wales must pay to the Agency any sums which the Body recovers under a charging scheme made under section 41 (other than a joint charging scheme made in accordance with section 41B) that may fairly be regarded as recovered for the purpose of meeting (in whole or in part) any costs and expenses incurred by the Agency in carrying out its functions under Part II of the 1991 Act or section 6(2) above, other than costs and expenses that are deemed to have been incurred by the Body.

(9C) Any sums recovered by an appropriate agency by way of charges prescribed by a joint charging scheme made in accordance with section 41B must be apportioned between, and paid to, each appropriate agency in the manner specified by the scheme pursuant to section 41B(2)(b).

(9D) For the purposes of subsections (9A) and (9B), costs or expenses are deemed to have been incurred by the Natural Resources Body for Wales if the liability for those costs or expenses was transferred from the Agency to the Body on 1st April 2013—

(a) by a transfer scheme made by the Welsh Ministers under section 23 of the Public Bodies Act 2011; or

(b) by virtue of article 10 of, and paragraph 2 of Schedule 7 to, the Natural Resources Body for Wales (Functions) Order 2013.]

(10) For the purposes of subsection (9) above, any question as to the extent to which any sums may fairly be regarded as recovered for the purpose of recovering the amount required to meet the costs and expenses falling within [F114 that subsection shall be determined by the Secretary of State].

[F115 (10A) Any dispute as to the apportionment or payment of sums under subsection (9A), (9B) or (9C) shall be determined by the Secretary of State and the Welsh Ministers acting jointly.]

[F116 (11) In this section “charging scheme” means a scheme made under section 41 or 41A [F117 and “charging authority” means the body that makes or proposes to make a charging scheme].]

[F118 (12) In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.]

Textual Amendments

F72 Words in s. 42(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(2)(a) (with Sch. 7)

F73 Words in s. 42(1)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(2)(b) (with Sch. 7)

F74 Words in s. 42(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(3)(a)(i) (with Sch. 7)

F75 Words in s. 42(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(3)(a)(ii) (with Sch. 7)

F76 Words in s. 42(2)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(3)(b) (with Sch. 7)

F77 S. 42(2)(b) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(2)

F78 Word in s. 42(3) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(3)

F79 Words in s. 42(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(4)(a) (with Sch. 7)

F80 S. 42(3)(b) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 13(3) (with reg. 1(2), Sch. 4)

F81 Words in s. 42(3)(b) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 3(a) (with reg. 78, sch. 5 para. 2)

F82 Words in s. 42(3)(b)(i) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(2)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F83 Words in s. 42(3)(b) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 3(b) (with reg. 78, sch. 5 para. 2)

F84 S. 42(3)(b)(ii) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 44(1)(2)(b), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F85 Words in s. 42(3)(b) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 1 para. 13(2) (with regs. 1(3), 77-79, Sch. 4)

F86 S. 42(3)(c)(d) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(2) (with art. 24)

F87 Words in s. 42(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(4)(b) (with Sch. 7)

F88 S. 42(3A) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(4)

F89 Words in s. 42(3A) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 18(2) (with art. 24)

F90 Words in s. 42(3A) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 18(3) (with art. 24)

F91 Words in s. 42(4) inserted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(5)(a)

F92 Words in s. 42(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(a)(i) (with Sch. 7)

F93 Words in s. 42(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(a)(ii) (with Sch. 7)

F94 Words in s. 42(4) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(3)(s) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F95 Words in s. 42(4) omitted (3.12.2012) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(5)(b)

F96 Words in s. 42(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(a)(iii) (with Sch. 7)

F97 Words in s. 42(4)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(b)(i) (with Sch. 7)

F98 Words in s. 42(4)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(b)(ii) (with Sch. 7)

F99 Words in s. 42(4)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(5)(c) (with Sch. 7)

F100 Words in s. 42(4)(b) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(3)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F101 Words in s. 42(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(6)(a) (with Sch. 7)

F102 Words in s. 42(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(6)(b) (with Sch. 7)

F103 Words in s. 42(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(6)(c) (with Sch. 7)

F104 Words in s. 42(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(6)(d) (with Sch. 7)

F105 Words in s. 42(6) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(7)(a) (with Sch. 7)

F106 Words in s. 42(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(7)(b) (with Sch. 7)

F107 Words in s. 42(7) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 120(3); S.I. 1998/3178, art. 3

F108 Words in s. 42(7) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(3) (with art. 24)

F109 Words in s. 42(8) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(8) (with Sch. 7)

F110 Words in s. 42(9) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(8) (with Sch. 7)

F111 Words in s. 42(9) substituted for paras. (a) and (b) (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(5)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F112 Words in s. 42(9) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(5)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F113 S. 42(9A)-(9D) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(4) (with arts. 24, 28)

F114 Words in s. 42(10) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 44(1)(6) (with s. 38, 40(2)); S.I. 2000/1066, art. 2

F115 S. 42(10A) inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 20(5) (with art. 24)

F116 S. 42(11) substituted (3.12.2012) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. 2012/2788), regs. 1, 6(6)

F117 Words in s. 42(11) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 373(9) (with Sch. 7)

F118 S. 42(12) inserted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), sch. para. 6 (with s. 62); S.S.I. 2015/99, art. 2

Modifications etc. (not altering text)

C7 S. 42 applied (with modifications) (2.12.1998) by S.I. 1998/2746, reg. 16(1)

S. 42: certain functions made exercisable only after consultation with the Assembly (W.) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

S. 42 modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C8 S. 42 applied (with modifications) by SI 2002/1559, Sch. 4 para. 5(15) (as inserted (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(15))

C9 S. 42: transfer of functions (10.7.2008) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.

C10 S. 42 modified (with effect in accordance with art. 1(3) of the amending S.I.) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 21 (with art. 24)