THE AMENDMENT OF CHARGES SCHEMES DIRECTION 2009
The Scottish Ministers make the following Direction in exercise of the powers conferred by section 2(6) of the Water Environment and Water Services (Scotland) Act 2003 [1], section 40(1) of the Environment Act 1995 [2] 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 2009 and comes into force on 17 April 2009.
(2) This Direction ceases to have effect on 1st June 2009. For the avoidance of doubt, charges due to be paid on or after 1st June 2009 shall be due in full.
(3) 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 annexed 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 no person (other than a person referred to in paragraph (2)) shall be liable for charges in respect of any process listed in column 2.
(2) The person is a public body.
Repayment of charges
3._____(1) SEPA must refund charges paid by any person (other than a person referred to in paragraph (2)) under a charges scheme listed in column 1 of the Table where those charges-
(a) relate to a process listed in column 2;
(b) were paid on or after 1st April 2009; and
(c) relate to any period beginning on or after 1st April 2009.
(2) The person is a public body.
Revocation of the Amendment of Charges Schemes Direction 2008
4. The Amendment of Charges Schemes Direction 2008 is revoked.
This Direction is subscribed as follows-
It is signed by: Kim Fellows
Deputy Director, Waste and Pollution Reduction Division
Environmental Quality Directorate
The Scottish Government, at Edinburgh
On 16 April 2009
………………………………………………………………………………...
Before this witness:
…………………………………………………………………………………
Full name of witness: Richard Peter Robertson
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 2009.
Table
Column 1 (charges schemes) | Column 2 (processes in respect of which an exemption from charges is to be made) |
Water Environment (Controlled Activities) Fees and Charges (Scotland) Scheme 2008 or any amendment, revisal or replacement thereof. | Applications for registration in respect of: 1. Discharges of organic effluent (including discharges to soakaways) that, prior to treatment, has an organic loading of 15 or less population equivalents. 2. Discharges of effluent from sewage systems (including discharges to soakaways) built before 1st April 2006 that, prior to treatment, has an organic loading of less than or equal to 50 population equivalents. 3. Discharges of effluent from sewage systems (including discharges to soakaways) built on or after 1st April 2006 that, prior to treatment, has an organic loading of less than or equal to 15 population equivalents. |
Note: Expressions used in column 2 have the meaning given to them in the corresponding charges scheme in column 1 or in any legislation referred to in that charges scheme.
This Schedule is subscribed as follows-
It is signed by: Kim Fellows
Deputy Director, Waste and Pollution Reduction Division
Environmental Quality Directorate
The Scottish Government, at Edinburgh
On 16 April 2009
…………………………………………………………………………………
Before this witness:
……………………………………………….………………………………..
Full name of witness: Richard Peter Robertson
Address of witness: Environmental Quality Directorate, the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ.
[1] 2003 asp 3.
[2] 1995 c. 25. The function of the appropriate Minister under section 40(1) , so far as exercisable within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).