PART 2Amendments to the Environment Act 1995
Section 41A5
1
Section 41A (charges in respect of greenhouse gas emissions permits etc)7 is amended as follows.
2
In the heading, for “greenhouse gas emissions permits etc: supplementary” substitute “the EU greenhouse gas emissions trading scheme”.
3
For subsection (1) substitute—
1
Each of the new Agencies 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 Registries Regulation 2011, 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 new Agency 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 new Agency may not make a charging scheme unless the provisions of the scheme have been approved by the Secretary of State or the Scottish Ministers under section 42.
4
In subsection (2)—
a
for “operator registry charges or aircraft operator registry charges” substitute “charges under subsection (1)(b)”; and
b
for “under section 42(2) below” substitute “or the Scottish Ministers under section 42”.
5
In subsection (5), for “operator registry charges and any aircraft operator charges” substitute “charges under subsection (1)(b)”.
6
For subsection (6)(a) substitute—
a
an application to open an account in a trading scheme registry, other than one that under the Registries Regulation 2011 is required to be held in that registry;
7
For subsection (7) substitute—
7
In this section—
“the Registries Regulation 2011” means Commission Regulation (EU) No 1193/2011 establishing a Union Registry for the trading period commencing on 1 January 2013, and subsequent trading periods, of the Union emissions trading scheme pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council8, as amended from time to time;
“trading scheme registry” means—
- a
any registry operated by the Agency for the purpose of meeting the obligations of the United Kingdom referred to in Article 3(1) of Commission Regulation (EU) No 920/2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council9; or
- b
the registry established by Article 4(1) of the Registries Regulation 2011.