Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Health and Safety (Fees) Regulations 1990 and shall come into force on 25th October 1990.

(2) In these Regulations, unless the context otherwise requires-“

• "approval" includes the amendment of an approval, and "amendment of an approval" includes the issue of a new approval replacing the original incorporating an amendment;

• "employment medical adviser" means an employment medical adviser appointed under section 56(1) of the 1974 Act;

• "the mines and quarries provisions" means such of the relevant statutory provisions as relate exclusively to-“

  (a)

  mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954(2);

  (b)

  tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969(3),

  and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974(4) or are health and safety regulations);

• "original approval" and "original authority" do not include an amendment of an approval or an amendment of an authority;

• "renewal of approval" or "renewal of licence" means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;

• "respiratory protective equipment" includes any respirator and any breathing apparatus.

(3) Unless the context otherwise requires, any reference in these Regulations to-“

(a)a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

Fees payable under the mines and quarries provisions

2.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.

(2) The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in columns 2, 3 and 4 of that Part.

(3) Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below-“

(a)in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;

(b)in any other case, the fee shall be determined under Part III of Schedule 1.

Fees payable in respect of approval of respiratory protective equipment and automatic safe load indicators

3.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval-“

(a)of respiratory protective equipment-“

(i)under the Factories Act 1961(5), or any regulations made or having effect as if made under that Act,

(ii)under the Control of Lead at Work Regulations 1980(6),

(iii)under the Ionising Radiations Regulations 1985(7),

(iv)under the Control of Asbestos at Work Regulations 1987(8), and

(v)under the Control of Substances Hazardous to Health Regulations 1988(9);

(b)of automatic safe load indicators under the Construction (Lifting Operations) Regulations 1961(10), and the Shipbuilding and Ship-Repairing Regulations 1960(11).

(2) The fee payable for approval of each item of each subject matter described in column 1 of Part I of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Part and where that entry specifies a fee as an amount per hour worked, the fee so calculated shall be payable prior to the notification of the result of the application for approval.

(3) Where the Executive requires testing to be carried out by its staff to determine whether approval of any item of equipment specified in column 1 of Part II of Schedule 2 can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for approval and the fee shall be that specified in the corresponding entry in column 2 of that Part.

Fees payable under the Agriculture (Tractor Cabs) Regulations 1974

4.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974(12).

(2) The fee payable for the approval of each subject matter described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fee payable under the Freight Containers (Safety Convention) Regulations 1984

5.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984(13).

(2) The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fees payable for a licence under the Asbestos (Licensing) Regulations 1983

6.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983(14).

(2) The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fees payable for examination or surveillance by an employment medical adviser

7.-(1) A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.

(2) The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6-“

(a)the basic fee shall be the amount specified in column 3 of that Schedule for that provision;

(b)the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;

(c)the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.

(3) Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).

Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980

8.-(1) A fee shall be payable to the Health and Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980(15).

(2) The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fees for approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985

9.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services and for the annual reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiations Regulations 1985(16).

(2) A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.

(3) The fee payable for approval or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, and the fee for annual reassessment of such approval in respect of each such matter shall be that specified in column 3 of that Schedule.

Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 and under the Gas Cylinders (Conveyance) Regulations 1931

10.-(1) Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.

(2) The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.

(3) A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of Parts III, IV, V, and VI of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 of those Parts.

(4) A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VII of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.

Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936

11. Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928(17) or section 1(4) of the Petroleum (Transfer of Licences) Act 1936(18) the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations, irrespective of the date of the application for that licence, transfer or renewal.

Fees for testing in connection with application under the Classification and Labelling of Explosives Regulations 1983

12.-(1) A fee shall be payable to the Health and Safety Executive by the applicant if any testing is carried out by or on behalf of the Executive with the agreement of the applicant in connection with an application under the Classification and Labelling of Explosives Regulations 1983(19).

(2) The fee payable for testing in connection with any purpose described in column 1 of Schedule 10 shall be that specified in the corresponding entry in column 2 of that Schedule for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.

Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987

13.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987(20).

(2) The fee for each item specified in column 1 of Schedule 11 shall be that specified in the corresponding entry in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.

Calculation of hours worked

14. In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 3(2), 10(4), 12(2) or 13(2) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).

Revocations

15. The Health and Safety (Fees) Regulations 1989(21) and the Health and Safety (Fees) (Amendment) Regulations 1989(22) are hereby revoked.

Northern Ireland

16. These Regulations shall not apply to Northern Ireland.

Regulation 2

SCHEDULE 1

PART IAPPROVAL OF PLANT,APPARATUS OR SUBSTANCE UNDER THE MINES AND QUARRIES PROVISIONS

PART IIFEES FOR TESTING EXPLOSIVES AND DETONATORS UNDER THE MINES AND QUARRIES PROVISIONS

PART IIIFEES FOR OTHER TESTING

The fee for any testing not fixed by Part II of this Schedule shall be £57 for each man-hour of work done in the testing, excluding any typing, messenger or other ancillary work (for which no further charge shall be payable).

Regulation 3

SCHEDULE 2

PART IAPPROVALS OF RESPIRATORY PROTECTIVE EQUIPMENT AND AUTOMATIC SAFE LOAD INDICATORS

PART IIFEES FOR TESTING RESPIRATORY PROTECTIVE EQUIPMENT

Regulation 4

SCHEDULE 3APPROVALS UNDER THE AGRICULTURE (TRACTOR CABS) REGULATIONS 1974

Regulation 5

SCHEDULE 4APPROVAL UNDER THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS 1984

Regulation 6

SCHEDULE 5LICENCE UNDER THE ASBESTOS (LICENSING) REGULATIONS 1983

Regulation 7

SCHEDULE 6FEES FOR EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER

Regulation 8

SCHEDULE 7FEES FOR MEDICAL SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER UNDER THE CONTROL OF LEAD AT WORK REGULATIONS 1980

Regulation 9

SCHEDULE 8FEES FOR APPROVAL OF DOSIMETRY SERVICES AND FOR TYPE APPROVAL OF RADIATION GENERATORS OR APPARATUS CONTAINING RADIOACTIVE SUBSTANCES UNDER THE IONISING RADIATIONS REGULATIONS 1985

Regulation 10

SCHEDULE 9FEES PAYABLE UNDER THE EXPLOSIVES ACT 1875 AND INSTRUMENTS MADE THEREUNDER, UNDER THE PETROLEUM (CONSOLIDATION) ACT 1928 AND THE PETROLEUM (TRANSFER OF LICENCES) ACT 1936, AND UNDER THE GAS CYLINDERS (CONVEYANCE) REGULATIONS 1931

PART 1APPLICATIONS FOR FACTORY LICENCES,MAGAZINE LICENCES AND IMPORTATION LICENCES AND AMENDING LICENCES UNDER SECTIONS 6,12 AND 40(9)OF THE EXPLOSIVES ACT AND REPLACEMENT OF SUCH LICENCES

PART IIFEE OR MAXIMUM FEE PAYABLE IN RESPECT OF GRANTING AND RENEWAL OF AN EXPLOSIVES STORE LICENCE, THE REGISTRATION OR RENEWAL OF REGISTRATION OF PREMISES USED FOR KEEPING EXPLOSIVES AND THE GRANTING AND TRANSFER OF PETROLEUM-SPIRIT LICENCES

Note:

1. Part 1 of the Explosives Act 1875 (which includes sections 15, 18 and 21) is applied to explosives other than gunpowder by sections 39 and 40 of that Act.

2. In the case of a solid substance for which by virtue of an Order in Council made under section 19 of the Petroleum (Consolidation) Act 1928 a licence is required, the fee payable under this Schedule shall be calculated as if one kilogram of the substance were equivalent to one litre.

3. The fee payable for a licence of more or less than one year's duration shall be the fee set out above increased or decreased, as the case may be, proportionately according to the duration of the period for which the licence is granted or renewed

PART IIIAPPLICATIONS UNDER PARAGRAPH (1)OF THE PROVISO TO ORDER IN COUNCIL (NO.30)OF 2ND FEBRUARY 1937(24) FOR APPROVALS OF PREMISES AND APPARATUS IN WHICH ACETYLENE IS TO BE MANUFACTURED OR KEPT

PART IVAPPLICATIONS FOR COMPARISONS AND APPROVALS IN RESPECT OF CONDITIONS (1),(5)AND (8)IN THE ORDER OF THE SECRETARY OF STATE (NO.9)OF 23RD JUNE 1919(25)

PART VAPPLICATIONS FOR APPROVALS FOR THE PURPOSE OF EXEMPTION ORDERS MADE UNDER REGULATION 4 OF THE GAS CYLINDERS (CONVEYANCE)REGULATIONS 1931(26)

PART VIMISCELLANEOUS APPLICATIONS

PART VIIFURTHER FEES PAYABLE IN RESPECT OF CERTAIN TESTING REQUIRED BY THE HEALTH AND SAFETY EXECUTIVE

Regulation 12

SCHEDULE 10FEES FOR TESTING IN CONNECTION WITH APPLICATION UNDER THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983

Regulation 13

SCHEDULE 11FEES FOR WORK IN CONNECTION WITH APPLICATIONS UNDER PART IX OF THE DANGEROUS SUBSTANCES IN HARBOUR AREA REGULATIONS 1987

Explanatory Note

(This Note is not part of the Regulations)

1. These Regulations update and replace the Health and Safety (Fees) Regulations 1989 and incorporate changes made by the Health and Safety (Fees) (Amendment) Regulations 1989, both of which are revoked (regulation 15). They fix or determine the fees payable by an applicant to the Health and Safety Executive in respect of an application made for-“

(a)an approval under mines and quarries legislation (regulation 2 and Schedule 1);

(b)an approval of certain respiratory protective equipment, and of automatic safe load indicators (regulation 3 and Schedule 2);

(c)an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 4 and Schedule 3);

(d)an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 5 and Schedule 4);

(e)a licence under the Asbestos (Licensing) Regulations 1983 (regulation 6 and Schedule 5);

(f)an approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985 (regulation 9 and Schedule 8);

(g)an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments thereunder, for a licence under the Petroleum (Consolida tion) Act 1928, and for the purpose of each of the exemption orders made under the Gas Cylinders (Conveyance) Regulations 1931 (regulation 10 and Schedule 9). The Home Office Specifications referred to in Part V of Schedule 9 are obtainable from the Health and Safety Executive, Technology Division 2, Mechanical Systems Unit, Magdalen House, Stanley Precinct, Bootle, Mersey side L20 3QZ;

(h)the classification of an article, substance, combination, or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 12 and Schedule 10);

(i)an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 13 and Schedule 11).

2. The Regulations also fix the fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 7 and 8 and Schedules 6 and 7).

3. The Regulations fix maximum fees which may be charged under the Explosives Act 1875, the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 (regulation 10(2) and Schedule 9, Part II).

4. The new fees compared with those fixed by or determined under the previous Regulations are as follows:

5. The Regulations do not apply to Northern Ireland.