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| Made | 12th March 2007 | ||
| Laid before Parliament | 16th March 2007 | ||
| Coming into force | 6th April 2007 |
| 1. | Citation, commencement and interpretation |
| 2. | Fees payable under the mines and quarries provisions |
| 3. | Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974 |
| 4. | Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984 |
| 5. | Fees for various applications under the Control of Asbestos Regulations 2006 |
| 6. | Fees for examination or surveillance by an employment medical adviser |
| 7. | Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002 |
| 8. | Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001 |
| 10. | Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 |
| 11. | Fees for application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 |
| 12. | Estimate of cost of work |
| 13. | Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000 |
| 14. | Fees for notifications and applications under the Notification of New Substances Regulations 1993 |
| 15. | Fees payable in respect of offshore installations |
| 16. | Fees payable in respect of gas safety functions |
| 17. | Provisions supplementary to regulations 15 to 16 |
| 18. | Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981 |
| 19. | Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 |
| 20. | Provisions supplementary to regulations 18 and 19 |
| 21. | Revocation |
| SCHEDULE 1— | FEES PAYABLE UNDER THE MINES AND QUARRIES PROVISIONS |
| PART 1— | FEES FOR APPLICATIONS FOR APPROVAL OF SUBSTANCES UNDER THE MINES AND QUARRIES PROVISIONS |
| PART 2— | FEES FOR TESTING EXPLOSIVES AND DETONATORS UNDER THE MINES AND QUARRIES PROVISIONS |
| PART 3— | FEES FOR OTHER TESTING |
| SCHEDULE 2— | FEES FOR APPLICATIONS FOR APPROVAL UNDER THE AGRICULTURE (TRACTOR CABS) REGULATIONS 1974 |
| SCHEDULE 3— | FEE FOR APPLICATION FOR APPROVAL UNDER THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS 1984 |
| SCHEDULE 4— | FEES FOR VARIOUS APPLICATIONS UNDER THE CONTROL OF ASBESTOS REGULATIONS 2006 |
| SCHEDULE 5— | FEES FOR EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER |
| SCHEDULE 6— | FEES FOR MEDICAL SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER UNDER THE CONTROL OF LEAD AT WORK REGULATIONS 2002 |
| SCHEDULE 7— | FEES FOR VARIOUS APPLICATIONS IN CONNECTION WITH THE IONISING RADIATIONS REGULATIONS 1999 AND THE RADIATION (EMERGENCY PREPAREDNESS AND PUBLIC INFORMATION) REGULATIONS 2001 |
| PART 3— | APPLICATION FOR AN ACETYLENE IMPORTATION LICENCE UNDER SECTION 40(9) OF THE EXPLOSIVES ACT 1875 AND REPLACEMENT OF SUCH A LICENCE |
| PART 4— | FEE PAYABLE IN RESPECT OF APPLICATIONS FOR THE GRANTING AND TRANSFER OF PETROLEUM-SPIRIT LICENCES |
| PART 5— | APPLICATIONS UNDER PARAGRAPH (1) OF THE PROVISO TO ORDER IN COUNCIL (NO. 30) OF 2ND FEBRUARY 1937 FOR APPROVALS OF PREMISES AND APPARATUS IN WHICH ACETYLENE IS TO BE MANUFACTURED OR KEPT |
| PART 6— | APPLICATIONS FOR APPROVALS IN RESPECT OF CONDITION (8) IN THE ORDER OF THE SECRETARY OF STATE (NO. 9) OF 23RD JUNE 1919 |
| PART 7— | FURTHER FOR APPROVAL OF A CLASSIFICATION OF AN EXPLOSIVE UNDER THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983 |
| PART 8— | FURTHER FEES PAYABLE IN RESPECT OF CERTAIN TESTING REQUIRED BY THE EXECUTIVE |
| PART 9— | FEES FOR EXPLOSIVES CERTIFICATES UNDER THE CONTROL OF EXPLOSIVES REGULATIONS 1991 |
| SCHEDULE 9— | FEES FOR APPLICATION FOR OR CHANGES TO AN EXPLOSIVES LICENCE UNDER PART IX OF THE DANGEROUS SUBSTANCES IN HARBOUR AREAS REGULATIONS 1987 |
| SCHEDULE 10— | FEES FOR NOTIFICATIONS AND APPLICATIONS UNDER THE GENETICALLY MODIFIED ORGANISMS (CONTAINED USE) REGULATIONS 2000 |
| SCHEDULE 11— | FEES FOR NOTIFICATIONS AND APPLICATIONS UNDER THE NOTIFICATION OF NEW SUBSTANCES REGULATIONS 1993 |
| SCHEDULE 12— | FEES PAYABLE IN RESPECT OF OFFSHORE INSTALLATIONS |
| SCHEDULE 13— | FEES PAYABLE IN RESPECT OF GAS SAFETY FUNCTIONS |
| SCHEDULE 14— | FEES FOR APPLICATIONS FOR APPROVALS UNDER THE HEALTH AND SAFETY (FIRST-AID) REGULATIONS 1981 |
| SCHEDULE 15— | FEES FOR APPLICATIONS FOR APPROVALS UNDER THE OFFSHORE INSTALLATIONS AND PIPELINES WORKS (FIRST-AID) REGULATIONS 1989 |
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972[1] in relation to the notification and control of substances and the control and regulation of genetically modified organisms[2].
The Secretary of State makes these Regulations —
(a) in exercise of the powers conferred on him by section 2(2) of that Act and sections 43(2), (4), (5) and (6) and 82(3)(a) of the Health and Safety at Work etc. Act 1974[3]("the 1974 Act"); and
(b) for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act.
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Health and Safety (Fees) Regulations 2007 and shall come into force on 6th April 2007.
(2) In these Regulations —
-
"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;
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"employment medical adviser" means an employment medical adviser appointed under section 56(1) of the 1974 Act;
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"the mines and quarries provisions" means such of the relevant statutory provisions as relate exclusively to—
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(a) mines within the meaning of section 180 of the Mines and Quarries Act 1954[4];
(b) tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999[5]; and
(c) tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969[6];
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[7] or are health and safety regulations);
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"original approval" does not include an amendment of an approval; and
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"working days" does not include weekends or public holidays.
(3) Any reference in these Regulations to the renewal of an approval, explosives certificate, licence or registration (each referred to in this paragraph as an "authorisation") means the granting of the authorisation concerned to follow a previous authorisation of the same kind without any amendment or gap in time.
Fees payable under the mines and quarries provisions
2.
—(1) A fee shall be payable by the applicant to the 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) on application for such approval as is mentioned in column 1 of Part 1 of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part.
(3) Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below—
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(a) in the case of explosives and detonators, for each test specified in column 1 of Part 2 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 as set out in Part 3 of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
3.
—(1) A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974[8].
(2) The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984
4.
—(1) A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984[9].
(2) The fee payable on application for the approval described in column 1 of Schedule 3 shall be that specified in column 2 of that Schedule.
Fees for various applications under the Control of Asbestos Regulations 2006
5.
—(1) A fee shall be payable by the applicant to the Executive on each application for a licence under the Control of Asbestos Regulations 2006[10] ("the 2006 Regulations").
(2) The fee payable on application for a licence described in column 1 of Table 1 in Schedule 4 shall be that specified in column 2 of that Table.
(3) Where the Executive refuses to grant an applicant a licence under the 2006 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.
(4) The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 in Schedule 4.
(5) Where the Executive amends a licence granted under the 2006 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.
(6) The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 in Schedule 4.
(7) Where the Executive replaces a lost licence granted under the 2006 Regulations or amends a licence granted under those Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.
(8) The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 4.
Fees for examination or surveillance by an employment medical adviser
6.
—(1) A fee shall be payable to the 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 5.
(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 5—
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(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 Regulations 2006, 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 2002
7.
—(1) A fee shall be payable to the 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 2002[11].
(2) The fee payable for each item described in column 1 of Schedule 6 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
8.
—(1) A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of the 1999 Regulations.
(2) A fee shall be payable by the applicant to the Executive on each application for the type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations.
(3) The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Table 1 in Schedule 7 shall be that specified in the corresponding entry in column 2 of that Table.
(4) A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001[12].
(5) The fee payable for an application for each purpose specified in column 1 of Table 2 in Schedule 7 shall be that specified in column 2 of that Table.
(6) A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable —
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(a) by virtue of paragraph (1) or (2), or
(b) by virtue of paragraph (4)
and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 shall be that specified in the corresponding entry in column 3 of those Tables for each hour worked, adjusted pro rata for a period worked of less than one hour.
(7) Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive's staff in connection with the inspection.
(8) Any fee payable under paragraph (6) or (7) shall be payable prior to notification of the result of the application.
(9) In this regulation "the 1999 Regulations" means the Ionising Radiations Regulations 1999[13].
Fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
9.
—(1) Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 8 is made to the Executive, where it is the licensing authority by virtue of paragraphs 1(b) or (c) or 2 of Schedule 1 to the 2005 Regulations, 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 Executive, save that, in the case of an application referred to in column 2 of that Part for a licence to manufacture ammonium nitrate blasting intermediate[14], or to vary any such licence, the fee referred to in column 3 of that Part as an amount per hour worked —
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(a) shall be adjusted pro rata for a period worked of less than one hour; and
(b) shall be payable prior to notification of the result of the application.
(2) Where any application in relation to a provision specified in column 1 of Part 2 of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, 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 that licensing authority.
(3) Where an application in relation to the provision specified in column 1 of Part 3 of Schedule 8 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 Executive.
(4) The fee payable under each provision specified in column 1 of Part 4 of Schedule 8 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.
(5) A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (3) for any purpose specified in column 2 of each of Parts 1 and 3 of Schedule 8 for which there is a corresponding entry in column 4 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
(6) A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8.
(7) The fee for an application for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8 —
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(a) shall be that specified in the corresponding entry in column 2 in the respective Part; and
(b) shall be payable on making the application, save that, where in column 2 of Part 7 a part of the fee is determined as an amount per hour worked, that part shall be payable prior to notification of the result of the application and shall be adjusted pro rata for a period worked of less than one hour.
(8) A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (6) for any purpose specified in column 1 of each of Parts 5 and 6 of Schedule 8 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
(9) 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 8 of Schedule 8, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
(10) Where any application in relation to the provision specified in column 1 in Table 1 in Part 9 of Schedule 8 is made for a purpose specified in column 2 of that Table, the fee specified in the corresponding entry in column 3 of that Table shall be payable by the applicant to the chief officer of police.
(11) Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 1991[15], a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 in Part 9 of Schedule 8.
(12) Parts 2 and 4 of Schedule 8 shall have effect subject to, respectively, the Notes to Parts 2 and 4.
(13) For the purposes of this regulation and Schedule 8 —
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(a) "the 1968 Act" means the Firearms Act 1968[16];
(b) "the 2005 Regulations" means the Manufacture and Storage of Explosives Regulations 2005[17];
(c) "ammonium nitrate blasting intermediate", "licence", "licensing authority", "manufacture", "on-site mixing", "registration", "shooters' powder" and "site" have the same meanings as in the 2005 Regulations;
(d) "chief officer of police", "explosives certificate" and "prohibited person" have the same meanings as in the Control of Explosives Regulations 1991;
(e) "firearm certificate", "firearms dealer" and "shot gun certificate" have the same meanings as in the 1968 Act;
(f) "firearms dealer certificate" means a certificate granted or caused to be granted under section 33(4) of the 1968 Act to a person who is registered as a firearms dealer under that section;
(g) "relevant application under the 1968 Act" means an application under the 1968 Act —
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(i) for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; or
(ii) for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate; and
(h) "relevant certificate" means a firearm certificate, a shot gun certificate or a firearms dealer certificate.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
10.
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928[18] or section 1(4) of the Petroleum (Transfer of Licences) Act 1936[19] the fees in respect of applications 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 application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
11.
—(1) A fee shall be payable by the applicant to the Executive on each application for an explosives licence, for any alteration in the terms of, or other change to an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987[20].
(2) The fee on an application for each purpose specified in column 1 of Schedule 9 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour worked, the fee, which shall be adjusted pro rata for a period worked of less than one hour, so calculated shall be payable prior to notification of the result of the application.
Estimate of cost of work
12.
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(3)(b) or 9(9) or to the licensing authority of carrying out any work pursuant to regulation 9(2), the Executive or, as the case may be, the licensing authority shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out on the basis of that estimate of cost.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
13.
—(1) The fee specified in column 2 of Schedule 10 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
(2) No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.
(3) In this regulation, "the 2000 Regulations" means the Genetically Modified Organisms (Contained Use) Regulations 2000[21] and "competent authority" has the same meaning as in those Regulations.
Fees for notifications and applications under the Notification of New Substances Regulations 1993
14.
—(1) The fee specified in column 2 of Table 1 in Schedule 11 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations 1993[22], on each such notification or application under those Regulations as is referred to in the corresponding entry in column 1 of that Table.
(2) In the circumstances described in column 1 of Table 2 in Schedule 11, the fee specified in the corresponding entry in column 2 of that Table shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.
(3) In Schedule 11—
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"the 1982 Regulations" means the Notification of New Substances Regulations 1982[23];
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"the 1993 Regulations" means the Notification of New Substances Regulations 1993;
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"the predecessor Directive" has the same meaning as is given to "the Directive" in the first mentioned Regulations in this paragraph;
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"RTP polymer" means a polymer, which word has the same meaning as in the second mentioned Regulations in this paragraph, for which a reduced test package is acceptable pursuant to paragraph C.2 of Part D of Schedule 2 to those second mentioned Regulations; and,
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references in that Schedule to "competent authority", "the Directive", "member State" and "process-orientated research and development" have the same meanings as in those second mentioned Regulations.
Fees payable in respect of offshore installations
15.
—(1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 12 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
(2) A fee shall be payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2005 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following —
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(a) that operator or owner in relation to the installation to which the current safety case relates; or
(b) a contractor in relation to any work carried out by him on or in connection with that installation.
(3) For the purposes of this regulation, regulation 17 and Schedule 12, "the 1992 Regulations" means the Offshore Installations (Safety Case) Regulations 1992[24], "the 2005 Regulations" means the Offshore Installations (Safety Case) Regulations 2005[25] and "installation", "current safety case", "safety case", "operator" and "owner" have the same meanings as in the 2005 Regulations.
Fees payable in respect of gas safety functions
16.
—(1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 13 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
(2) A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
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(a) that person in relation to the network to which the safety case relates; or
(b) a contractor in relation to work carried out by him on or in connection with that network,
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is conveyed or used.
(3) In this regulation, regulation 17 and Schedule 13, "the 1996 Regulations" means the Gas Safety (Management) Regulations 1996[26], and "network", "network emergency co-ordinator" and "safety case" have the same meanings as in the 1996 Regulations.
Provisions supplementary to regulations 15 to 16
17.
—(1) The fees referred to in regulations 15 to 16 above shall —
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(a) not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function referred to in the respective regulation; and
(b) be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
(2) Any fees payable under regulations 15 and 16 shall not include any costs connected with any—
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(a) in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates' Court;
(b) in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as—
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(i) the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or
(ii) the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
(c) appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and regulation 16(1) and (3)(b) of, and Schedules 1 and 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004[27].
(3) For the purposes of regulation 15 and paragraph (2)(a) and (b), an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987[28] and in Scotland if it is in the Scottish area within the meaning of that article.
(4) Any reference in regulation 15 to a person who has prepared a current safety case includes a reference to —
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(a) a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and
(b) a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2005 Regulations.
(5) Any reference in regulation 16 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.
(6) Any reference in regulations 15 and 16 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
(7) Any reference in regulations 15 and 16 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
18.
—(1) A fee shall be payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981[29].
(2) The fee payable under paragraph (1) shall be—
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(a) in respect of an application for an original approval, that specified in column 1 of Table 1 in Schedule 14; and
(b) in respect of an application for a renewal of an approval, that specified in column 3 of that Table.
(3) Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Table 1 in Schedule 14.
(4) The fee referred to—
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(a) in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;
(b) in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
(5) Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
(6) The fee payable under paragraph (5) shall be that specified in column 1 of Table 2 in Schedule 14 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Table.
(7) Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
-
(a) the result of the investigation is that the complaint is found to be justified, and
(b) the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
(8) The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 14.
(9) Where the date for any site visit referred to in this regulation has been agreed between the training provider and the Executive and —
-
(a) three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
(b) there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
(10) The fee payable under paragraph (9) shall be that specified in column 4 of Table 2 in Schedule 14.
(11) The fee referred to in paragraphs (6), (8) and (10) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989
19.
—(1) A fee shall be payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989[30].
(2) The fee payable under paragraph (1) shall be—
-
(a) where the application for an original approval of training relates to, as the case may be—
-
(i) rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as "first-aid training"), or
(ii) rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as "medical training"),
that specified in, respectively, columns 1 and 2 of Table 1 in Schedule 15;
(b) in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.
(3) Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall—
-
(a) where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 in Schedule 15, or
(b) where the application for approval relates to medical training, be that specified in column 2 of that Table.
(4) The fee referred to—
-
(a) in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;
(b) in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
(5) Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
(6) Subject to paragraph (7), the fee payable under paragraph (5) shall—
-
(a) where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 in Schedule 15, or
(b) where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,
provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in sub-paragraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.
(7) The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall—
-
(a) where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 in Schedule 15, or
(b) where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.
(8) Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where—
-
(a) the result of the investigation is that the complaint is found to be justified, and
(b) the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
(9) The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 in Schedule 15.
(10) Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
-
(a) three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
(b) there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
(11) The fee payable under paragraph (10) shall —
-
(a) where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 in Schedule 15, or
(b) where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).
(12) The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Provisions supplementary to regulations 18 and 19
20.
—(1) Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter applies for an original approval of the one of those two kinds of training not earlier applied for or the applications are made together, the Executive shall repay to the applicant the amount of £150 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of medical training, the Executive shall repay to the applicant a further amount of £50 in respect of the fees paid for the original approvals of training applied for.
(2) Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter or at the same time applies for an original approval of medical training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of the one of the two kinds of training first referred to in this paragraph not earlier applied for, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
(3) Where an application for an original approval of medical training is made and the applicant thereafter or at the same time applies for an original approval of first-aid training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of training for the purposes of regulation 3(2)(a) of the 1981 Regulations, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
(4) Where an applicant applies for original approvals of first-aid training, medical training and training for the purposes of regulation 3(2)(a) of the 1981 Regulations at the same time, the Executive shall repay to the applicant the amount of £200 in respect of the fees paid for those applications.
(5) In this regulation—
-
"the 1981 Regulations" means the Health and Safety (First-Aid) Regulations 1981; and
-
"first-aid training" and "medical training" have the same meanings as in regulation 19.
Revocation
21.
The Health and Safety (Fees) Regulations 2006[31] are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under Secretary of State, Department for Work and Pensions
12th March 2007
| 1 | 2 | 3 | 4 |
| Subject matter of approval | Fee for an original approval | Fee for amendment of approval | Fee for renewal of approval |
| Approval of explosives | £317 | £221 | £77 |
| 1 | 2 |
| Test | Fee for test |
| (a) Break test shot | £244 |
| (b) Deflagration shot | £194 |
| (c) Detonator test (per 100 shots) | £1,492 |
| (d) Detonator delay time test (per 100 shots) | £1,181 |
| (e) Gallery shot | £279 |
| (f) Velocity of detonation test (per 3 shots) | £481 |
The fee for any testing not fixed by Part 2 of this Schedule shall be the reasonable cost to the Executive of having the testing carried out.
| 1 | 2 |
| Subject matter | Fee |
| (a) Original approval of tractor cab | £455 |
| (b) Revision of an existing approval of a tractor cab | £250 |
| 1 | 2 |
| Subject matter | Fee |
| Approval of scheme or programme for examination of freight containers | £87 |
Table 1
| 1 | 2 |
| Subject matter of licence | Fee |
| Licence for work with asbestos or renewal of (original) licence | £1,050 |
Table 2
| 1 | 2 | 3 |
| Fee for re-assessment of licence application | Fee for amendment of condition, or duration, of licence | Fee for other amendment, or replacement, of a licence |
| £283 | £283 | £76 |
| 1 | 2 | 3 | 4 | 5 |
| Provision | Reference | Basic fee | Fee for X-Rays | Fee for Laboratory tests |
| (a) The Ionising Radiations Regulations 1999 | S.I.1999/3232 | £35 where surveillance is confined to examination of, and making entries in, records £66 in other cases | £67 | £39 |
| (b) The Control of Asbestos Regulations 2006 | S.I.2006/2739 | £66 | £67 | £39 |
| (c) The Control of Substances Hazardous to Health 2002 | S.I.2002/2677 | £66 | £67 | £39 |
| (d) The Work in Compressed Air Regulations 1996 | S.I.1996/1656 | £66 | £67 | £39 |
| 1 | 2 |
| Item | Fee |
| (a) On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment) | £66 |
| (b) On each subsequent assessment of an employee— | |
| (i) for laboratory tests where these are carried out | £39 |
| (ii) for a clinical medical examination where this is carried out | £39 |
Table 1
| 1 | 2 | 3 |
| Description | Fee | Fee for work by Nuclear or Specialist Inspector |
| Approval or reassessment of approval of Dosimetry Services granted under regulation 35 of the Ionising Radiations Regulations 1999 for the purposes of those Regulations | ||
| Group I | ||
| Dose record keeping | ||
| (a) Where the application is solely in respect of Group I functions | £466 | £126 per hour worked |
| (b) Where the application for Group I functions is linked to an application in respect of functions in another group | £466 | £126 per hour worked |
| Group II | ||
| External dosimetry | ||
| (a) Whole body (beta, gamma, thermal neutrons) film | £466 | £126 per hour worked |
| (b) Whole body (beta, gamma, thermal neutrons) thermoluminescent dosemeter (TLD) | £466 | £126 per hour worked |
| (c) Whole body (neutron), other than sub-groups (a) or (b) | £466 | £126 per hour worked |
| (d) Whole body, other than sub-groups (a), (b), or (c) | £466 | £126 per hour worked |
| (e) Extremity monitoring | £466 | £126 per hour worked |
| (f) Accident dosimetry, other than in the previous sub-groups | £466 | £126 per hour worked |
| Group III | ||
| Internal dosimetry | ||
| (a) Bio-assay, in-vivo monitoring or air sampling | £466 | £126 per hour worked |
| (b) For each additional one of the above techniques | £466 | £126 per hour worked |
| Type approval of apparatus under sub-paragraph 1(c)(i) or 1(d)(i) of Schedule 1 to the Ionising Radiations Regulations 1999 (which excepts such type approved apparatus from the notification requirements of regulation 6 of those Regulations) | £128 | £126 per hour worked |
Table 2
| 1 | 2 | 3 |
| Purpose of application | Fee | Fee for work by Nuclear or Specialist Inspector |
| Approval or reassessment of approval of dosimetry services granted under regulation 35 of the Ionising Radiations Regulations 1999 for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 | £1,770 | £126 per hour worked |
|
1 Provision under which a licence is granted |
2 Purpose of application |
3 Fee |
4 Fee for work by Specialist Inspector |
| The 2005 Regulations | |||
| Regulation 9, as extended by regulation 2(2) of those Regulations to the manufacture of ammonium nitrate blasting intermediate | Licence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing | £586 | £116 per hour worked |
| Licence to manufacture ammonium nitrate blasting intermediate | £144 per hour worked | ||
| Licence to manufacture explosives by means of on-site mixing | £216 | £116 per hour worked | |
| Renewal of any of the above licences | £77 | £116 per hour worked | |
| Regulation 10 | Licence to store explosives | £586 | £116 per hour worked |
| Renewal of licence | £77 | £116 per hour worked | |
| Regulation 16 |
Varying a licence —
|
£401 | £116 per hour worked |
| Varying a licence to manufacture ammonium nitrate blasting intermediate | £144 per hour worked | ||
| Regulation 20 | Transfer of licence | £49 | |
| Replacement of any of the licences referred to in this Part if lost | £49 |
|
1 Provision under which application made |
2 Purpose of application |
3 Fee |
| The 2005 Regulations | ||
| Regulation 10 | Licence to store explosives: | |
| (see Notes 1 to 3) | (a) one year's duration | £144 |
| (b) two years' duration | £216 | |
| (c) three years' duration | £270 | |
| Renewal of licence: | ||
| (a) one year's duration | £79 | |
| (b) two years' duration | £131 | |
| (c) three years' duration | £184 | |
|
Regulation 11 (see Notes 1 to 3) |
Registration in relation to the storage of explosives: | |
| (a) one year's duration | £86 | |
| (b) two years' duration | £129 | |
| (c) three years' duration | £149 | |
| Renewal of registration: | ||
| (a) one year's duration | £43 | |
| (b) two years' duration | £81 | |
| (c) three years' duration | £108 | |
| Regulation 16 | Varying a licence: | |
| (a) varying name of licensee or address of site | £32 | |
| (b) any other kind of variation | the reasonable cost to the licensing authority of having the work carried out | |
| Regulation 20 | Transfer of licence or registration | £32 |
| Replacement of licence or registration referred to above if lost | £32 |
Notes:1 The fee payable for —
(a) a licence,
(b) registration, or
(c) renewal of a licence or registration,
of less than one year's duration shall be, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration, of one year's duration decreased proportionately according to the duration of the period for which the licence, registration or renewal of either is granted.
2 The fee payable for—
(a) a licence,
(b) registration, or
(c) renewal of a licence or registration,of more than one but less than two years' duration shall be, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration of one year's duration increased proportionately according to the duration of the period for which the licence, registration or a renewal of either is granted.
3 The fee payable for —
(a) a licence,
(b) registration, or
(c) renewal of a licence or registration,
of more than two but less than three years' duration shall be, respectively, the fee set above for a licence, registration or renewal of a licence or registration of two years increased proportionately according to the duration of the period for which the licence, registration, or renewal of either is granted.
| 1 | 2 | 3 | 4 |
| Provisions under which a licence is granted | Purpose of application | Fee | Fee for work by Specialist Inspector |
| Explosives Act 1875[32] | |||
| Section 40(9) as applied to compressed acetylene by the Compressed Acetylene (Importation) Regulations 1978[33] | Licence for importation of compressed acetylene | £36 | £116 per hour worked |
| Replacement of the above licence if lost | £36 |
| 1 | 2 | 3 |
| Provision under which a fee is payable | Purpose of application | Fee |
| Petroleum (Consolidation) Act 1928[34] | ||
| Section 4 (see Notes 1 and 2) | Licence to keep petroleum | |
| spirit of a quantity— | ||
| not exceeding 2,500 litres | £39 for each year of licence | |
| exceeding 2,500 litres but not exceeding 50,000 litres | £54 for each year of licence | |
| exceeding 50,000 litres | £111 for each year of licence | |
| Petroleum (Transfer of Licences) Act 1936[35] | ||
| Section 1(4) | Transfer of petroleum spirit licence | £8 |
Notes:
1. 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.
2. 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.
| 1 | 2 | 3 |
| Purpose of application | Fee | Fee for work by Specialist Inspector |
| (a) Original approval of premises in which acetylene is to be manufactured or kept | £36 | £116 per hour worked |
| (b) Amendment of an approval of premises in which acetylene is to be manufactured or kept | £36 | £116 per hour worked |
| (c) Approval of apparatus in which acetylene is to be manufactured or kept | £36 | £116 per hour worked |
| 1 | 2 | 3 |
| Purpose of application | Fee | Fee for work by Specialist Inspector |
| (a) Original approval of premises in which acetylene is compressed | £36 | £116 per hour worked |
| (b) Amendment of an approval of premises in which acetylene is compressed | £36 | £116 per hour worked |
| 1 | 2 |
| Purpose of the application | Fee |
| Approval of the classification of an explosive under the Classification and Labelling of Explosives Regulations 1983[38] | £62 plus £62 per hour worked after the first hour |
| 1 | 2 |
| Purpose of application | Fee |
| (a) Application for a licence for the importation of compressed acetylene (Part 3 above) | The reasonable cost to the Executive of having the work carried out |
| (b) Approval of apparatus in which acetylene is to be manufactured or kept (Part 5 above) | Ditto |
| (c) Approval of the classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 (Part 7 above) | Ditto |
Table 1
|
1 Provision under which a fee is payable |
2 Purpose of application |
3 Fee |
| Regulation 4 of the Control of Explosives Regulations 1991[39] | (a) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) and (i), at a site in relation to which a person holds a registration | £173 |
| (b) Renewal of the above explosive certificate | £142 | |
| (c) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) and (i), at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives | £184 | |
| (d) Renewal of the above explosive certificate | £168 | |
| (e) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) and (i), at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives | £237 | |
| (f) Renewal of the above explosives certificate | £210 | |
| (g) Explosives certificate for acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence or registration, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time | £22 | |
| (h) Renewal of the above explosives certificate where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time | £15 | |
| (i) Explosives certificate for acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence or registration and he also holds a relevant certificate, where no relevant application under the 1968 Act by him is to be determined at the same time | £41 | |
| (j)Renewal of the above explosives certificate where no relevant application under the 1968 Act by the applicant is to be determined at the same time | £18 | |
| (k) Replacement of any explosive certificate referred to in entries (a) to (f) if lost | £32 | |
| (l) Replacement of any explosive certificate referred to in entries (g) to (j) if lost | £10 |
Table 2
| The fee for a check carried out for the purposes of regulation 4(6)(d) of the Control of Explosives Regulations 1991 shall be £5 |
| 1 | 2 |
| Purpose of the application | Fee |
| Grant of an explosives licence or alteration of the terms of an existing explosives licence | £641 plus £116 per hour worked |
| Change of licence name or address | £51 |
| 1 | 2 |
| Description | Fee |
| (a) Notification of intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) | £465 |
| (b) Notification of an activity involving genetic modification in class 2 under regulation 10(1) | £929 |
| (c) Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 2 under regulation 10(1) | £929 |
| (d) Notification of an activity involving genetic modification in class 3 under regulation 11(1) | £1,007 |
| (e) Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 3 under regulation 11(1) | £1,007 |
| (f) Notification of an activity involving genetic modification in class 4 under regulation 11(1) | £1,161 |
| (g) Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as the notification of an activity involving genetic modification in class 4 under regulation 11(1) | £1,161 |
| (h) Notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1) | £929 |
| (i) Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1) | £929 |
| (j) Notification of additional information under regulation 15(3) | £696 |
| (k) Application for the written agreement of the competent authority under regulation 18(2) where the application is made after a notification has been submitted pursuant to regulation 9(1), 10(1), 11(1) or 12(1) | £696 |
Table 1
| 1 | 2 |
| Subject matter | Fee payable |
| For the evaluation of a notification under regulation 4 ("base set") of a substance not already notified under the 1993 Regulations or to a competent authority of a Member State for the purposes of the Directive | £4,987 |
| For the evaluation of a notification under regulation 4 of a substance already notified— | £2,374 |
| (i) under that regulation, | |
| (ii) regulation 4(1) of the 1982 Regulations, or | |
| (iii) to a competent authority of a member state, other than the competent authority for Great Britain, for the purposes of either Article 6(1) of the predecessor Directive or Article 7 of the Directive, | |
| and either regulation 11 of the 1993 Regulations applies or the agreement of the competent authority for Great Britain has been obtained pursuant to regulation 13(1) of the 1993 Regulations | |
| For the evaluation of information provided for the purposes of regulation 5(1)(a) (> 10 tonnes per year) | £2,619 |
| For the evaluation of information provided for the purposes of regulation 5(1)(b) (> 100 tonnes per year) | £5,154 |
| For the evaluation of information provided for the purposes of regulation 5(1)(c) (> 1000 tonnes per year) | £3,613 |
| For the evaluation of a notification under regulation 6, subject to the entry below relating to an evaluation of a notification in respect of an RTP polymer— | |
| (a) quantity of the new substance equal to or more than 100 kg (regulation 6(1)) | £1,614 |
| (b) quantity of the new substance equal to or more than 10kg but less than 100 kg (regulation 6(2)) | £1,014 |
| For the evaluation of a notification (whether made under regulation 6(1) or 6(2), as the case may be,) in respect of an RTP polymer of an amount equal to or more than 10 kg per annum but less than one tonne per annum or the total amount is equal to or more than 500 kg but less than 5 tonnes | £1,614 |
| For the evaluation of information provided under regulation 6(4)(d)(i) in respect of a substance for the purposes of process-orientated research and development | £646 |
| For an application made by a notifier for an exemption relating to him under regulation 23 | £2,619 |
Table 2
| 1 | 2 |
| Circumstances described | Fee payable |
| Where, in the opinion of the Executive, an adequate risk assessment has not been included with a notification under regulation 4 ("base set") | £2,393 (plus VAT) |
| Where, in the opinion of the Executive, an adequate risk assessment has not been included with a notification under regulation 6— | |
| (a) quantity of the new substance equal to or more than 100 kg (regulation 6(1)) | £578 (plus VAT) |
| (b) quantity of the new substance equal to or more than 10 kg but less than 100 kg (regulation 6(2)) | £578 (plus VAT) |
| 1 | 2 |
| Function | Person by whom fee is payable |
| Assessing a design notification (sent to the Executive pursuant to regulation 6(1) or 9(1) of the 2005 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters | The operator or owner who sent the design notification to the Executive pursuant to that provision |
| Assessing a relocation notification (sent to the Executive pursuant to regulation 6(2) of the 2005 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters | The operator who sent the relocation notification to the Executive pursuant to that provision |
| Assessing a safety case or a revision to a current safety case (sent to the Executive pursuant to any provision of the 2005 Regulations) for the purpose of deciding whether to accept that safety case or revision and accepting any such safety case or revision | The operator or owner who sent the safety case or revision to the Executive pursuant to that provision |
| Providing advice with respect to the preparation of a safety case or a revision to a current safety case which is proposed to be sent to the Executive pursuant to any provision of the 2005 Regulations | The operator or owner who has requested that advice |
| Assessing whether to grant an exemption pursuant to regulation 23 of the 2005 Regulations and granting any such exemption | The operator or owner who has requested the exemption |
| Assessing whether to grant an exemption pursuant to regulation 17 of the 1992 Regulations in so far as that regulation is continued in force by regulation 26(1) of the 2005 Regulations and granting any such exemption | The operator or owner who has requested the exemption |
| 1 | 2 |
| Function | Person by whom fee is payable |
| Assessing a safety case or a revision of a safety case (sent to the Executive pursuant to any provision of the 1996 Regulations) for the purpose of deciding whether to accept that safety case or revision, and accepting any such safety case or revision | The person conveying gas, the person intending to convey gas or the network emergency co-ordinator who has prepared the safety case or revision pursuant to that provision |
| Providing advice with respect to the preparation of a safety case or revision to a safety case which is proposed to be sent to the Executive pursuant to any provision of the 1996 Regulations | The person conveying gas, the person intending to convey gas or the network co-ordinator who has requested that advice |
| Assessing whether to grant an exemption pursuant to regulation 11 of the 1996 Regulations | The operator or owner who has requested the exemption |
Table 1
| 1 | 2 | 3 |
| Fee for an original approval | Fee for an additional site-visit | Fee for renewal of approval |
| £1,204 | £431 | £83 |
Table 2
| 1 | 2 | 3 | 4 |
| Fee for an initial site- visit | Fee for any additional site-visit | Fee for a site-visit to investigate a complaint | Fee for a cancelled site-visit |
| £479 | £431 | £479 | £479 |
Table 1
| 1 | 2 | 3 | 4 |
| Fee for an original approval of first-aid training | Fee for an original approval of medical training | Fee for renewal of approval of first-aid training | Fee for renewal of approval of medical training |
| £1,204 | £1,766 | £83 | £83 |
Table 2
| 1 | 2 |
| Fee for an additional site-visit relating to first-aid training | Fee for an additional site-visit relating to medical training |
| £431 | £1,144 |
Table 3
| 1 | 2 | 3 | 4 |
| Fee for an initial site-visit relating to first-aid training | Fee for an initial site-visit relating to medical training | Fee for any additional site-visit relating to first-aid training | Fee for any additional site-visit relating to medical training |
| £479 | £1,144 | £431 | £1,144 |
Table 4
| 1 | 2 | 3 |
| Fee for a site-visit to investigate a complaint | Fee for a cancelled site-visit relating to first-aid training | Fee for a cancelled site-visit relating to medical training |
| £479 | £479 | The reasonable cost to the Executive due to the cancellation |
(This note is not part of the Regulations)
1. These Regulations revoke and replace the Health and Safety (Fees) Regulations 2006 (S.I. 2006/336). They consolidate amendments made to those Regulations and also update fees to be charged. They fix or determine the fees payable by an applicant to, in most cases, 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 plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 2);
(c) an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 4 and Schedule 3);
(d) a licence under the Control of Asbestos Regulations 2006 and the amendment to, replacement of, and reassessment of an application to grant, such a licence (regulation 5 and Schedule 4);
(e) an approval of dosimetry services for the purposes of the Ionising Radiations Regulations 1999 or the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (regulation 8 and Schedule 7);
(f) a licence to manufacture or store explosives or for registration for storing explosives, under the Manufacture and Storage of Explosives Regulations 2005, for an acetylene importation licence under section 40(9) of the Explosives Act 1875, for an approval under certain instruments made under that Act in relation to acetylene, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, for the approval of a classification of an explosive under the Classification and Labelling of Explosives Regulations 1983, or for an explosive certificate under the Control of Explosives regulations 1991 (regulation 9 and Schedule 8). In relation to those explosive certificates, these Regulations include lower fees for those applying for such certificates so as to acquire and keep shooters' powder in certain circumstances (entries (g) to (j) in Table 1 of Part 9 of Schedule 8);
(g) an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 11 and Schedule 9);
(h) an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 18 and 20 and Schedule 14);
(i) an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 19 and 20 and Schedule 15);
and in respect of—
-
(j) a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 13 and Schedule 10);
(k) a notification or application under the Notification of New Substances Regulations 1993 (regulation 14 and Schedule 11).
2.
The Regulations fix 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 6 and 7 and Schedules 5 and 6).
3.
The Regulations fix or determine the fees payable by specified persons in the offshore and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 15 and 16 and Schedules 12 and 13).
4.
The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows:
Notes:
[1] 1972 c.68; the enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c.51).back
[2] S.I. 1981/1536 for the designation in relation to the notification and control of substances and S.I. 1991/755 in relation to the control and regulation of genetically modified organisms.back
[3] 1974 c.37; section 43 was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 12.back
[4] 1954 c.70; section 180 was amended by S.I. 1974/2013, 1993/1897 and 1999/2024.back
[5] S.I. 1999/2024, to which there are amendments not relevant to these Regulations.back
[6] 1969 c.10; section 2(1) was amended by S.I. 1999/2024.back
[7] S.I. 1974/2013, modified by S.I.1979/318.back
[8] S.I. 1974/2034; relevant amending instruments are S.I. 1976/1247, 1980/1036, 1981/1414 and 1990/1075.back
[9] S.I. 1984/1890, amended by S.I. 1986/392.back
[11] S.I. 2002/2676, to which there are amendments not relevant to these Regulations.back
[12] S.I. 2001/2975, to which there are amendments not relevant to these Regulations. An approval of dosimetry services for the purposes of regulation 14 of these Regulations is made under regulation 35 of the Ionising Radiation Regulations 1999 (S.I. 1999/3232).back
[13] S.I. 1999/3232, amended by S.I. 2001/2975.back
[14] The manufacture of ammonium nitrate blasting intermediate is deemed to be the manufacture of an explosive by virtue of regulation 2(2) of the Manufacture and Storage of Explosives Regulations 2005.back
[15] S.I. 1991/1531, to which there are amendments not relevant to these Regulations.back
[16] 1968 (c. 27); section 33 was amended by the Firearms (Amendment) Act 1988 (c.45), section 13(1), and the Firearms (Amendment) Act 1997 (c.5), section 42(2).back
[18] 1928 c.32; relevant amending instruments are S.I. 1974/1942 and 1987/52.back
[19] 1936 c.27; relevant amending instruments are S.I. 1974/1942 and 1987/52.back
[20] S.I. 1987/37, amended by S.I.1988/712; there are other amending instruments but none is relevant.back
[21] S.I. 2000/2831, amended by S.I. 2005/2466; there are other amending instruments but none is relevant.back
[22] S.I. 1993/3050, to which there are amendments not relevant to these Regulations.back
[23] S.I. 1982/1496, revoked by S.I. 1993/3050.back
[24] S.I. 1992/2885, partially revoked by S.I. 2005/3117.back
[27] S.I. 2004/1861, amended by S.I. 2004/2351; there are other amending instruments but none is relevant.back
[29] S.I. 1981/917, to which there are amendments not relevant to these Regulations.back
[30] S.I. 1989/1671, amended by S.I. 1993/1823; there are other amending instruments but none is relevant.back
[32] 1875 c.17. Section 40 was repealed by S.I. 2005/1082. By virtue of regulation 27(17) of that S.I., despite the repeal of section 40, paragraph (9) of that section (as it had effect before the commencement of Schedule 4 to S.I. 1993/2714) continues to apply to acetylene as it applied before the commencement of S.I. 2005/1082.back
[33] S.I. 1978/1723, to which there are amendments not relevant to these Regulations.back
[36] S.R. & O. 1937/54; relevant amending instruments are S.R. & O. 1947/805 and S.I. 1974/1885, 1984/510 and 2005/1082.back
[37] S.R. & O. 1919/809, amended by S.I. 1974/1885, 1984/510 and 2005/1732.back
[38] S.I. 1983/1140, amended by S.I. 2004/568 and 2005/1082; there are other amending instruments, but none is relevant.back
[39] S.I. 1991/1531, to which there are amendments not relevant to these Regulations.back
ISBN 978 0 11 076147 3