THE AMENDMENT OF CHARGES SCHEMES DIRECTION 2008
The Scottish Ministers make the following Direction in exercise of the powers conferred by section 40(1) of the Environment Act 1995 [1] and all other powers enabling them to do so.
Citation, commencement and interpretation
1.- (1) This Direction may be cited as the Amendment of Charges Schemes Direction 2008 and shall come into force on 2 December 2008.
(2) In this Direction-
"public body" means-
(a) a public body or office-holder (including a person who, or body which, only from time to time exercises functions of a public character);
b) any person or body acting as agent of or contractor to a public body (and contractor includes a sub-contractor); and
(c) any person who, or body which, receives or is entitled to receive in whole or in part, monies from a public body (other than SEPA) in relation to any matter specified in the Table.;
"SEPA" means the Scottish Environment Protection Agency;
"Table" means the table in the Schedule attached and signed as relative to this Direction.
Amendment of Charges Schemes
2.- (1) SEPA must amend each of the charges schemes in column 1 of the Table to provide that a person (other than a person in paragraph (2)) shall not be liable for charges in respect of any process listed in the relevant part of column 2.
(2) The person is a public body.
Repayment of Charges Paid
3.- (1) SEPA must refund charges paid by a person (other than a person in paragraph (2)) under a charges scheme listed in column 1 of the Table where those charges-
(a) relate to a process listed in the relevant part of column 2; and
(b) were paid on or after 25 November 2008.
(2) The person is a public body.
This Direction is subscribed as follows-
It is signed by: Kim Fellows
Deputy Director for Waste and Pollution Reduction Division
Environmental Quality Directorate
The Scottish Government, at Edinburgh
on 2 December 2008
[Kim Fellows]
before this witness:
witness…[Susan Scott]
Full name of witness: Susan Aileen Scott
Address of witness: Environmental Quality Directorate, the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ
This is the Schedule referred to in the foregoing AMENDMENT OF CHARGES SCHEMES DIRECTION 2008.
Table
Column 1 (charges schemes) | Column 2 (processes in respect of which an exemption from charges is to be made) |
Pollution Prevention and Control (Parts A and B) Fees and Charges (Scotland) Scheme 2008 | Application; Variation; Transfer; Surrender. |
Air Pollution Control Fees and Charges (Scotland) Scheme 2008 | Application; Variation. |
Water Environment (Controlled Activities) Fees and Charges (Scotland) Scheme 2008 | Application; Registration; Variation, Transfer. |
Waste Management Fees and Charges (Scotland) Scheme 2008 | Application; Transfer; Surrender; Modification. |
Radioactive Substances Act 1993 Fees and Charges (Scotland) Scheme 2008 | Application; Variation; Transfer |
Waste Management Licensing (Scotland) Schedule 3 (Paragraphs 7, 8(2), 9, 10, 12, 12A, 19 and 46) Fees and Charges Scheme 2008 | Registration; Renewal |
Integrated Pollution Control Fees and Charges (Scotland) Scheme 2008 | Application; Variation; Transfer; Surrender |
Greenhouse Gas Emissions Trading Fees and Charges (Scotland) Scheme 2008 | Application; Variation; Transfer; Surrender |
Environmental Protection (Disposal of Polychlorinated Biphenyls and Other Dangerous Substances) (Scotland) Scheme 2008 | Registration. |
Note: Words used in column 2 shall have the meaning given to them by the corresponding charges scheme in column 1.
This Schedule is subscribed as follows-
It is signed by: Kim Fellows
Deputy Director for Waste and Pollution Reduction Division
Environmental Quality Directorate
The Scottish Government, at Edinburgh
on 2 December 2008
[Kim Fellows]………………………………………………………………………
before this witness:
witness…[Susan Scott]………………………………………………..
Full name of witness: Susan Aileen Scott. Address of witness: Environmental Quality Directorate, the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ
[1] 1995.c.25. The function of the Minister under section 40(1) of the Environment Act 1995, so far as it is exercisable within devolved competence transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).