Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Health and Safety (Fees) Regulations 1997 and shall come into force on 18th November 1997.

(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 Executive" means the Health and Safety Executive;

• "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; and

• "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 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 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 I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as the reasonable cost to the Executive of having the work carried out, the fee so costed shall be payable prior to the notification of the result of the application.

(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.

(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 as set out in Part III of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).

Fees for applications for approval of respiratory protective equipment

3.-(1) A fee shall be payable by the applicant to the Executive on each application for approval of respiratory protective equipment-

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

(b)under the Control of Lead at Work Regulations 1980(6);

(c)under the Ionising Radiations Regulations 1985(7);

(d)under the Control of Asbestos at Work Regulations 1987(8); and

(e)under the Control of Substances Hazardous to Health Regulations 1994(9).

(2) The fee payable on application for approval of respiratory protective equipment shall be that specified in column 2 of Schedule 2 (that is to say the reasonable cost to the Executive of having the work, including any testing, carried out).

Fees payable under the Agriculture (Tractor Cabs) Regulations 1974

4.-(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(10).

(2) The fee payable on application for such an approval or revision of an approval as is 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 Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984(11).

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

Fee for application for a licence under the Asbestos (Licensing) Regulations 1983

6.-(1) A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983(12).

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

Fees for examination or surveillance by an employment medical adviser

7.-(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 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 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(13).

(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 applications for approval or reassessment of 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 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 Ionising Radiations Regulations 1985(14).

(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 reassessment 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.

(4) 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 by virtue of paragraph (1) and (2) and the fee for work in connection with each such matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 3 of that Schedule for each hour or part of an hour worked.

(5) 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.

(6) Any fee payable under paragraph (4) or (5) shall be payable prior to notification of the result of the application.

Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983

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 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 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) for any purpose specified in column 2 of Part I of Schedule 9 for which there is a corresponding entry in column 4 of that 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 or part of an hour worked and such fee shall be payable prior to notification of the result of the application.

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

(5) A fee shall be payable 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 (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 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 or part of an hour worked and such fee shall be payable prior to notification of the result of the application.

(6) 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 VI of Schedule 9, 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.

(7) Where the Executive requires an inspection of premises to be carried out in connection with an application for-

(a)a factory or magazine licence, or any amendment to such a licence, or

(b)the original approval of premises in which acetylene is to be manufactured or kept, or any amendment to such an approval, or

(c)the original approval of premises in which acetylene is compressed, or any amendment to such an approval

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.

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(15) or section 1(4) of the Petroleum (Transfer of Licences) Act 1936(16) 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 applications for explosives licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987

12.-(1) A fee shall be payable by the applicant to the 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(17).

(2) The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified 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.

Vocational training certificates under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996

13.-(1) A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996(18) where a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.

(2) The validity of a vocational training certificate may only be extended in accordance with paragraph (6) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.

(3) Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.

Estimate of cost of work

14. Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing, under regulation 2(2), 2(3)(b), 3(2) or 10(6), the Executive 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.

Fees for notifications under the Genetically Modified Organisms (Contained Use) Regulations 1992

15.-(1) A fee shall be payable by a notifier to the Executive on each notification of the intention to use premises for activities involving genetic modification for the first time and of individual activities involving genetic modification under the Genetically Modified Organisms (Contained Use) Regulations 1992(19).

(2) The fee payable for each notification described in column 1 of Schedule 12 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fees for notifications under the Notification of New Substances Regulations 1993

16.-(1) The fee fixed by column 2 of Schedule 13 shall be payable by a notifier to the Executive on each such notification or application under the Notification of New Substances Regulations 1993(20) as is referred to in the corresponding entry in column 1 of that Schedule.

(2) The Executive shall repay to the notifier the amount of any rebate due to the notifier in the circumstances described in Schedule 13.

Revocation

17. The Health and Safety (Fees) Regulations 1996(21) are hereby revoked.

Northern Ireland

18. These Regulations shall not apply to Northern Ireland.

Regulation 2

SCHEDULE 1FEES PAYABLE UNDER THE MINES AND QUARRIES PROVISIONS

PART IFEES FOR APPLICATIONS FOR APPROVAL OF PLANT, APPARATUS OR SUBSTANCE UNDER THE MINES AND QUARRIES PROVISIONS

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

PART IIIFEES FOR OTHER TESTING

The fee for any testing not fixed by Part II of this Schedule shall be the reasonable cost to the Executive of having the testing carried out.

Regulation 3

SCHEDULE 2FEE FOR APPLICATION FOR APPROVAL OF RESPIRATORYPROTECTIVE EQUIPMENT

Regulation 4

SCHEDULE 3FEES FOR APPLICATIONS FOR APPROVAL UNDER THE AGRICULTURE (TRACTOR CABS) REGULATIONS 1974

Regulation 5

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

Regulation 6

SCHEDULE 5FEE FOR APPLICATION FOR A LICENCE 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 APPLICATIONS FOR APPROVAL OR REASSESSMENT OF 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, THE PETROLEUM (TRANSFER OF LICENCES) ACT 1936 AND THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983

PART 1APPLICATIONS FOR FACTORY LICENCES, MAGAZINE LICENCES, ACETYLENE IMPORTATION LICENCES AND AMENDING LICENCES UNDER SECTIONS6, 12 AND 40(9) OF THE EXPLOSIVES ACT 1875 AND REPLACEMENT OFSUCH LICENCES

PART IIFEE OR MAXIMUM FEE PAYABLE IN RESPECT OF APPLICATIONS FOR THE 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) AND (8) IN THE ORDER OF THE SECRETARY OF STATE (No. 9) of 23RD JUNE 1919(25)

PART VMISCELLANEOUS APPLICATIONS

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

Regulation 12

SCHEDULE 10FEES FOR APPLICATIONS FOR THE GRANT OR ALTERATION OF THE TERMS OF AN EXPLOSIVES LICENCE UNDER PART IX OF THE DANGEROUS SUBSTANCES IN HARBOUR AREAS REGULATIONS 1987

Regulation 13

SCHEDULE 11FEE FOR VOCATIONAL TRAINING CERTIFICATE UNDER THE CARRIAGE OF DANGEROUS GOODS BY ROAD (DRIVER TRAINING) REGULATIONS 1996

Regulation 15

SCHEDULE 12FEES FOR NOTIFICATION UNDER THE GENETICALLY MODIFIED ORGANISMS (CONTAINED USE) REGULATIONS 1992

Regulation 16

SCHEDULE 13FEES FOR NOTIFICATIONS AND APPLICATIONS UNDER THE NOTIFICATION OF NEW SUBSTANCES REGULATIONS 1993

Explanatory Note

(This note is not part of the Regulations)

1. These Regulations update and replace the Health and Safety (Fees) Regulations 1996 (S.I. 1996/2791). 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 (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 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 (Consolidation) Act 1928 or for the classification of an article, substance, combination, or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 10 and Schedule 9);

(h)an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 12 and Schedule 10);

and in respect of-

(i)a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 13 and Schedule 11);

(j)a notification under the Genetically Modified Organisms (Contained Use) Regulations 1992 (regulation 15 and Schedule 12);

(k)a notification or application under the Notification of New Substances Regulations 1993 (regulation 16 and Schedule 13).

2. The Regulations also update 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 update 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 Regulations do not apply to Northern Ireland.

5. The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows: