42 Approval of charging schemes
Environment Act 1995 (1995 c 25) | Legislation

42  Approval of charging schemes

(1)     Before submitting a proposed charging scheme to the Secretary of State [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 [or, as the case may be, the Welsh Ministers].

(2)     Where any proposed charging scheme has been submitted to the Secretary of State [or the Welsh Ministers for] approval, he [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(a)     consider any representations or objections duly made to him [or them] and not withdrawn; and

[(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 [(2)(b)(i)] above is the desirability of ensuring

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of

LEXISNEXIS

Strict liability

Strict liabilityStrict liabilityWhen an offence does not require proof of a mental element it is an offence of strict liability. There are some common law offences of strict liability (eg public nuisance, outraging public decency and contempt) most though are statutory, arising often under

LEXISNEXIS

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)An arms length management organisation (ALMO) is a not-for-profit company that provides housing services on behalf of a local housing authority (LHA). Usually an ALMO is set up by the LHA to manage and improve all or part of its housing stock with the LHA

LEXISNEXIS

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international