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The Greenhouse Gas Emissions Trading Scheme Order 2020
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Changes and effects yet to be applied to Article 35:
- Sch. 1 para. 1(1)(a)(v) inserted by S.I. 2024/1366 art. 27(2)
- Sch. 2 para. 3(1)(c) inserted by S.I. 2024/1366 art. 28(2)(a)(iii)
- Sch. 2 para. 3(6A)(6B) inserted by S.I. 2024/1366 art. 28(2)(b)
- Sch. 4 para. 38(f)-(k) inserted by S.I. 2024/1366 art. 29(2)
- Sch. 5 para. 54(b)(iia) inserted by S.I. 2024/1366 art. 30(2)
- Sch. 5A para. 9(1)(i) inserted by S.I. 2024/1366 art. 31(2)
- Sch. 6 para. 11(4)(b)(iii)(bb) omitted by S.I. 2024/1366 art. 32(3)(a)(iii)
- Sch. 6 para. 12(5)(b)(iii)(bb) omitted by S.I. 2024/1366 art. 32(4)(a)(iii)
- Sch. 6 para. 11(4)(b)(iii)(aa) word omitted by S.I. 2024/1366 art. 32(3)(a)(ii)
- Sch. 6 para. 12(5)(b)(iii)(aa) word omitted by S.I. 2024/1366 art. 32(4)(a)(ii)
- art. 4(5)(6) inserted by S.I. 2024/1366 art. 5(3)
- art. 23A inserted by S.I. 2024/1366 art. 9
- art. 34G(1A) inserted by S.I. 2024/1366 art. 11(3)
- art. 44A inserted by S.I. 2024/1366 art. 15
- art. 47(2)(d) inserted by S.I. 2024/1366 art. 16(2)
- art. 47(5A) inserted by S.I. 2024/1366 art. 16(3)
- art. 48(3)(d) inserted by S.I. 2024/1366 art. 17(2)
- art. 51(2)(c) inserted by S.I. 2024/1366 art. 18(2)
- art. 56(3) inserted by S.I. 2024/1366 art. 21(3)
- art. 57(4A) inserted by S.I. 2024/1366 art. 22(3)
- art. 60A inserted by S.I. 2024/1366 art. 24
- art. 65A inserted by S.I. 2024/1366 art. 25
- art. 70(2)(ca) inserted by S.I. 2024/1366 art. 26(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 1(1)(a)(v) inserted by S.I. 2024/1366 art. 27(2)
- Sch. 2 para. 3(1)(c) inserted by S.I. 2024/1366 art. 28(2)(a)(iii)
- Sch. 2 para. 3(6A)(6B) inserted by S.I. 2024/1366 art. 28(2)(b)
- Sch. 4 para. 38(f)-(k) inserted by S.I. 2024/1366 art. 29(2)
- Sch. 5 para. 54(b)(iia) inserted by S.I. 2024/1366 art. 30(2)
- Sch. 5A para. 9(1)(i) inserted by S.I. 2024/1366 art. 31(2)
- Sch. 6 para. 11(4)(b)(iii)(bb) omitted by S.I. 2024/1366 art. 32(3)(a)(iii)
- Sch. 6 para. 12(5)(b)(iii)(bb) omitted by S.I. 2024/1366 art. 32(4)(a)(iii)
- Sch. 6 para. 11(4)(b)(iii)(aa) word omitted by S.I. 2024/1366 art. 32(3)(a)(ii)
- Sch. 6 para. 12(5)(b)(iii)(aa) word omitted by S.I. 2024/1366 art. 32(4)(a)(ii)
- art. 4(5)(6) inserted by S.I. 2024/1366 art. 5(3)
- art. 23A inserted by S.I. 2024/1366 art. 9
- art. 34G(1A) inserted by S.I. 2024/1366 art. 11(3)
- art. 44A inserted by S.I. 2024/1366 art. 15
- art. 47(2)(d) inserted by S.I. 2024/1366 art. 16(2)
- art. 47(5A) inserted by S.I. 2024/1366 art. 16(3)
- art. 48(3)(d) inserted by S.I. 2024/1366 art. 17(2)
- art. 51(2)(c) inserted by S.I. 2024/1366 art. 18(2)
- art. 56(3) inserted by S.I. 2024/1366 art. 21(3)
- art. 57(4A) inserted by S.I. 2024/1366 art. 22(3)
- art. 60A inserted by S.I. 2024/1366 art. 24
- art. 65A inserted by S.I. 2024/1366 art. 25
- art. 70(2)(ca) inserted by S.I. 2024/1366 art. 26(2)
ChargesU.K.
This section has no associated Explanatory Memorandum
35.—(1) The regulator [F1or the registry administrator] may charge an applicant, operator, aircraft operator or any other person an amount as a means of recovering costs incurred by the regulator [F1or the registry administrator] 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.
[F2(i)estimating the value of a parameter under article 34H(4) of this Order or Article 3(4) of the Activity Level Changes Regulation;
(j)administering an account in the registry.]
(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 [F3or the registry administrator] 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 [F4or, as the case may be, the registry administrator] has cleared funds for the full amount due and a charge, if unpaid, may be recovered by the regulator [F4or, as the case may be, the registry administrator] as a civil debt.
(6) The regulator [F5or the registry administrator] may require a charge to be paid before it carries out the activity to which the charge relates.
(7) If the regulator [F6or the registry administrator] does not require a charge to be paid in accordance with paragraph (6), it is payable on demand.
(8) [F7Neither the regulator nor the registry administrator is] 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.
[F8(9) In this article, a reference to this Order includes a reference to the Monitoring and Reporting Regulation 2018, the Verification Regulation 2018, the Free Allocation Regulation and the Activity Level Changes Regulation.]
Textual Amendments
F1Words in art. 35(1) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 19(2)
F2Art. 35(2)(i)(j) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 19(3)
F3Words in art. 35(4) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 19(4)
F4Words in art. 35(5) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 19(5)
F5Words in art. 35(6) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 19(6)
F6Words in art. 35(7) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 19(7)
F7Words in art. 35(8) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 19(8)
F8Art. 35(9) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 19(9)
Commencement Information
I1Art. 35 in force at 12.11.2020, see art. 2(1)
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