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2004 No. 456

HEALTH AND SAFETY

Health and Safety (Fees) Regulations 2004

  Made 23rd February 2004 
  Laid before Parliament 2nd March 2004 
  Coming into force 1st April 2004 


ARRANGEMENT OF REGULATIONS

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 Asbestos (Licensing) Regulations 1983
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
9. 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. 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. Fee for a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
13. Fees for applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
14. Fee for a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
15. Estimate of cost of work
16. Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
17. Fees for notifications and applications under the Notification of New Substances Regulations 1993
18. Fees payable in respect of offshore installations
19. Fees payable in respect of railway safety functions
20. Fees payable in respect of gas safety functions
21. Provisions supplementary to regulations 18 to 20
22. Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
23. Fees for applications for approvals under the Offshore Installation and Pipeline Works (First-Aid) Regulations 1989
24. Provisions supplementary to regulations 22 and 23
25. Revocation

  Schedule 1 Fees payable under the mines and quarries provisions
  Part I Fees for applications for approval of substances under the mines and quarries provisions
 Part II Fees for testing explosives and detonators under the mines and quarries provisions
 Part III 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 Asbestos (Licensing) Regulations 1983

  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

  Schedule 8 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
 Part I Applications for factory licences, magazine licences, acetylene importation licences and amending licences under sections 6, 12 and 40(9) of the Explosives Act 1875 and replacement of such licences
 Part II Fee 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
 Part III 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 IV Applications 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
 Part V Miscelanneous applications
 Part VI Further fees payable in respect of certain testing required by the Health and Safety Executive

  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 Fee for vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996

  Schedule 11 Fees for applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996

  Schedule 12 Fee for a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999

  Schedule 13 Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000

  Schedule 14 Fees for notifications and applications under the Notification of New Substances Regulations 1993

  Schedule 15 Fees payable in respect of offshore installations

  Schedule 16 Fees payable in respect of railway safety functions

  Schedule 17 Fees payable in respect of gas safety functions

  Schedule 18 Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981

  Schedule 19 Fees for applications for approvals under the Offshore Installations and Pipelines Works (First-Aid) Regulations 1989

The Secretary of State, being the designated[
1] Minister for the purpose of section 2(2) of the European Communities Act 1972[2] in relation to the notification and control of substances and the control and regulation of genetically modified organisms, in exercise of the powers conferred on him by the said section 2(2) 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 of all other powers enabling him in that behalf and 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, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Health and Safety (Fees) Regulations 2004 and shall come into force on 1st April 2004.

    (2) In these Regulations - 

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);

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 - 

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 Asbestos (Licensing) Regulations 1983
     5.  - (1) A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983[10] ("the 1983 Regulations").

    (2) The fee payable on application for a licence described in column 1 of Table 1 to 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 1983 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 to Schedule 4.

    (5) Where the Executive amends a licence granted under the 1983 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 to Schedule 4.

    (7) Where the Executive replaces a lost licence granted under the 1983 Regulations or the Executive amends a licence granted under the 1983 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 to 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 - 

    (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 2002[11], 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[12].

    (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 to 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[
13].

    (5) The fee payable for an application for each purpose specified in column 1 of Table 2 to 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  - 

and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 to 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[14].

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
     9.  - (1) Where any application in relation to a provision specified in column 1 of Part I 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.

    (2) The fee or maximum fee payable under each provision specified in column 1 of Part II 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.

    (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 8 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 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.

    (4) 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 III, IV and V of Schedule 8 and such fee shall be payable on making the application save that, in the case of an application for the purpose referred to in entry (a) in column 1 of Part V of that Schedule, the fee shall be payable prior to notification of the result of the application.

    (5) The fee for an application for each purpose specified in column 1 of each of Parts III, IV and V of Schedule 8 shall be that specified in the corresponding entry in column 2 in the respective Part and, where the fee is determined as an amount per hour, the fee shall be adjusted pro rata for a period worked of less than one hour.

    (6) 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 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.

    (7) 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 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.

    (8) Part II of Schedule 8 shall have effect subject to the Notes to that Part.

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[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 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[17].

    (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, 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.

Fee for a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
     12.  - (1) A driver may only be issued with a vocational training certificate in accordance with regulation 4(1) of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996[18] where a fee of the sum specified in Schedule 10 has been paid to the Secretary of State.

    (2) The validity of a vocational training certificate may only be extended in accordance with regulation 4(6) 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 10 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.

Fees for applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
     13.  - (1) A fee shall be payable by the applicant to the Secretary of State on each application for an original approval or a renewal of any approval of - 

of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996.

    (2) The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Schedule 11 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule (that is to say the reasonable cost to the Secretary of State of having the work carried out).

Fee for a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
    
14.  - (1) An individual may only be issued with a vocational training certificate in accordance with regulation 7(1) of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999[19] where a fee as specified in Schedule 12 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.

    (2) The validity of a vocational training certificate may only be extended in accordance with regulation 7(5) of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 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 as specified in Schedule 12 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.

    (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
     15. 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) or 9(7), 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 on the basis of that estimate of cost.

Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
    
16.  - (1) The fee specified in column 2 of Schedule 13 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[
20] and "competent authority" has the same meaning as in those Regulations.

Fees for notifications and applications under the Notification of New Substances Regulations 1993
     17.  - (1) The fee specified in column 2 of Table 1 to Schedule 14 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations 1993[21], 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 to Schedule 14, 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 14 - 

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
     18.  - (1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 15 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 safety case pursuant to the 1992 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 - 

    (3) In this regulation, regulation 21 and Schedule 15, "the 1992 Regulations" means the Offshore Installations (Safety Case) Regulations 1992[23], and "installation", "safety case", "operator" and "owner" have the same meanings as in those Regulations.

Fees payable in respect of railway safety functions
     19.  - (1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 16 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 railway operator who has prepared a safety case which has been accepted by the Executive pursuant to the 2000 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 - 

    (3) This regulation shall not apply to a function performed in relation to the tunnel system within the meaning of section 1(7) of the Channel Tunnel Act 1987[24].

    (4) This regulation shall not apply to a function performed in relation to a railway, tramway or trolley vehicle system if on no part of that railway, tramway or trolley vehicle system there is a line speed exceeding 40 kilometres per hour and for the purposes of this paragraph "line speed" means the highest of the permitted speeds on the railway, tramway or trolley vehicle system concerned and "permitted speed" means the maximum speed permitted on the part of the railway, tramway or trolley vehicle system concerned.

    (5) In this regulation, regulation 21 and Schedule 16, "the 2000 Regulations" means the Railways (Safety Case) Regulations 2000[25], the "Approval Regulations" means the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994[26], "railway", "railway infrastructure", "railway operator", "safety case", "station" and "train" have the same meanings as in the 2000 Regulations and "tramway" and "trolley vehicle system" have the same meanings as in the Transport and Works Act 1992[27].

Fees payable in respect of gas safety functions
     20.  - (1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 17 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 - 

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 21 and Schedule 17, "the 1996 Regulations" means the Gas Safety (Management) Regulations 1996[
28], and "network", "network emergency co-ordinator" and "safety case" have the same meanings as in the 1996 Regulations.

Provisions supplementary to regulations 18 to 20
     21.  - (1) The fees referred to in regulations 18 to 20 above shall  - 

    (2) Any fees payable under regulations 18 to 20 shall not include any costs connected with any - 

    (3) For the purposes of regulation 18 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[31] and in Scotland if it is in the Scottish area within the meaning of that article.

    (4) Any reference in regulations 18 to 20 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 - 

    (5) Any reference in regulations 18 and 19 to a person who has prepared a safety case includes a reference to a person who is treated as having prepared a safety case by virtue of (in the case of regulation 18) regulation 2(9) of the 1992 Regulations or (in the case of regulation 19) regulation 2(7) of the 2000 Regulations.

    (6) Any reference in regulations 18 to 20 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 18 to 20 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
     22.  - (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[32].

    (2) The fee payable under paragraph (1) shall be - 

    (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 2 to Schedule 18.

    (4) The fee referred to - 

    (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 to Schedule 18 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  - 

    (8) The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 to Schedule 18.

    (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 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 to Schedule 18.

    (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 Installation and Pipeline Works (First-Aid) Regulations 1989
     23.  - (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[33].

    (2) The fee payable under paragraph (1) shall be - 

    (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 - 

    (4) The fee referred to - 

    (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 - 

provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in subparagraphs (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 - 

    (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 - 

    (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 to Schedule 19.

    (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 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  - 

    (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 22 and 23
     24.  - (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 - 

Revocation
    
25. The Health and Safety (Fees) Regulations 2003[34] are hereby revoked.



Signed by authority of the Secretary of State for Work and Pensions.


Des Browne
Minister of State, Department for Work and Pensions

23rd February 2004


SCHEDULE 1
Regulation 2


FEES PAYABLE UNDER THE MINES AND QUARRIES PROVISIONS



PART I


FEES FOR APPLICATIONS FOR APPROVAL OF SUBSTANCES UNDER THE MINES AND QUARRIES PROVISIONS

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 £294 £205 £71



PART II

FEES FOR TESTING EXPLOSIVES AND DETONATORS UNDER THE MINES AND QUARRIES PROVISIONS

1 2
Test Fee for test
(a) Break test shot

£226
(b) Deflagration shot

£179
(c) Detonator test (per 100 shots)

£1,383
(d) Detonator delay time test (per 100 shots)

£1,094
(e) Gallery shot

£258
(f) Velocity of detonation test (per 3 shots)

£447



PART III

FEES 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.



SCHEDULE 2
Regulation 3


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


1 2
Subject matter Fee
(a) Original approval of tractor cab

£421
(b) Revision of an existing approval of a tractor cab

£232



SCHEDULE 3
Regulation 4


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


1 2
Subject matter Fee
Approval of scheme or programme for examination of freight containers £81



SCHEDULE 4
Regulation 5


FEES FOR VARIOUS APPLICATIONS UNDER THE ASBESTOS (LICENSING) REGULATIONS 1983



Table 1
1 2
Subject matter of licence Fee
Licence for work with asbestos insulation or asbestos coating or asbestos insulating board or renewal of (original) licence £909


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
£251 £251 £67



SCHEDULE 5
Regulation 6


FEES FOR EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER


1 2 3 4 5
Provision Reference Basic fee Additional fees where appropriate
               Fee for X-Rays Fee for Laboratory tests
(a) The Ionising Radiations Regulations 1999

S.I.1999/3232 £32 where surveillance is confined to examination of, and making entries in, records £60 in other cases £61 £36
(b) The Control of Asbestos at Work Regulations 2002

S.I.2002/2675 £60 £61 £36
(c) The Control of Substances Hazardous to Health 2002

S.I.2002/2677 £60 £61 £36
(d) The Work in Compressed Air Regulations 1996

S.I.1996/1656 £60 £61 £36



SCHEDULE 6
Regulation 7


FEES FOR MEDICAL SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER UNDER THE CONTROL OF LEAD AT WORK REGULATIONS 2002


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)

£60
(b) On each subsequent assessment of an employee - 

    
(i) for laboratory tests where these are carried out

£36
(ii) for a clinical medical examination where this is carried out

£36



SCHEDULE 7
Regulation 8


FEES FOR VARIOUS APPLICATIONS IN CONNECTION WITH THE IONISING RADIATIONS REGULATIONS 1999 AND THE RADIATION (EMERGENCY PREPAREDNESS AND PUBLIC INFORMATION) REGULATIONS 2001



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

£269 £116 per hour worked
(b) Where the application for Group I functions is linked to an application in respect of functions in another group

£269 £116 per hour worked
Group II          
External dosimetry          
(a) Whole body (beta, gamma, thermal neutrons) film

£269 £116 per hour worked
(b) Whole body (beta, gamma, thermal neutrons) thermoluminescent dosemeter (TLD)

£269 £116 per hour worked
(c) Whole body (neutron), other than sub-groups (a) or (b)

£269 £116 per hour worked
(d) Whole body, other than sub-groups (a), (b), or (c)

£269 £116 per hour worked
(e) Extremity monitoring

£269 £116 per hour worked
(f) ccident dosimetry, other than in the previous sub-groups

£269 £116 per hour worked
Group III          
Internal Dosimetry          
(a) Bio-assay, in-vivo monitoring or air sampling

£269 £116 per hour worked
(b) For each additional one of the above techniques

£269 £116 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) £119 £116 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 £1,641 £116 per hour worked



SCHEDULE 8
Regulation 9


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




PART 1

APPLICATIONS FOR FACTORY LICENCES, MAGAZINE LICENCES, ACETYLENE IMPORTATION LICENCES AND AMENDING LICENCES UNDER SECTIONS 6, 12 AND 40(9) OF THE EXPLOSIVES ACT 1875 AND REPLACEMENT OF SUCH LICENCES



1 2 3 4
Provisions under which a licence is granted Purpose of application Fee Fee for work by specialist inspector
Explosives Act 1875 c. 17               
Section 6 (as applied to explosives other than gunpowder by sections 39 and 40) Factory licence £543 £111 per hour worked
     Magazine licence £543 £111 per hour worked
     Replacement of one of the above licences if lost £48     
Section 12 (as applied to explosives other than gunpowder by sections 39 and 40) Factory amending licence £391 £111 per hour worked
     Magazine amending licence £391 £111 per hour worked
     Replacement of one of the above licences if lost £48     
Section 40(9)[35] as applied to compressed acetylene by the Compressed Acetylene (Importation) Regulations 1978[36] Licence for importation of compressed acetylene £33 £111 per hour worked
     Replacement of the above licence if lost £33     
     Amendment to an existing licence £33 £111 per hour worked



PART II

FEE 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



1 2 3
Provision under which a fee or maximum fee is payable Purpose of application Fee or maximum fee
Explosives Act 1875 c. 17[37]          
Section 15 A store licence £75
Section 18 Renewal of a store licence £75
Section 21 Registration and renewal of registration of premises for the keeping of explosives with a local authority £13
Petroleum (Consolidation) Act 1928 c. 32          
Section 4 (see notes 1 and 2) Licence to keep petroleum     
     spirit of a quantity-     
     not exceeding 2,500 litres £36 for each year of licence
     exceeding 2,500 litres but not exceeding 50,000 litres £51 each year of licence
     exceeding 50,000 litres £102 for each year of licence
Petroleum (Transfer of Licences) Act 1936 c. 27          
Section 1(4) Transfer of petroleum spirit licence £8

Notes:

     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 III

APPLICATIONS UNDER PARAGRAPH (1) OF THE PROVISO TO ORDER IN COUNCIL (NO. 30) OF 2ND FEBRUARY 1937[38] FOR APPROVALS OF PREMISES AND APPARATUS IN WHICH ACETYLENE IS TO BE MANUFACTURED OR KEPT

1 2 2
Purpose of application Fee Fee for work by Specialist Inspector
(a) Original approval of premises in which acetylene is to be manufactured or kept

£33 £111 per hour worked
(b) Amendment of an approval of premises in which acetylene is to be manufactured or kept

£33 £111 per hour worked
(c) Approval of apparatus in which acetylene is to be manufactured or kept

£33 £111 per hour worked



PART IV

APPLICATIONS 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[39]

1 2 3
Purpose of application Fee Fee for work by Specialist Inspector
(a) Comparison of a porous substance with a sample porous substance

£59     
(b) Original approval of premises in which acetylene is compressed

£33 £111 per hour worked
(c) Amendment of an approval of premises in which acetylene is compressed

£33 £111 per hour worked



PART V

MISCELLANEOUS APPLICATIONS

1 2 3
Purpose of the application Fee Fee for work by Specialist Inspector
(a) Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983[40] or authorisation of an explosive under section 40(9) of the Explosives Act 1875[41]

£57 per hour worked     
(b) Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967[42]

£205 £111 per hour worked



PART VI

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

1 2
Purpose of application Fee
(a) Application for a licence for the importation of compressed acetylene (Part I 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 III above)

ditto
(c) Comparison of a porous substance with a sample porous substance (Part IV above)

ditto
(d) Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 or authorisation of an explosive under section 40(9) of the Explosives Act 1875 (Part V above)

ditto
(e) Application for a licence to manufacture explosives in pursuance of the Ammonium Nitrate Mixtures Exemption Order 1967 (Part V above)

ditto



SCHEDULE 9
Regulation 11


FEES FOR APPLICATION FOR OR CHANGES TO AN EXPLOSIVES LICENCE UNDER PART IX OF THE DANGEROUS SUBSTANCES IN HARBOUR AREAS REGULATIONS 1987


1 2
Purpose of the application Fee
Grant of an explosives licence or alteration of the terms of an existing explosives licence £594 plus £111 per hour worked
Change of licence name or address £48



SCHEDULE 10
Regulation 12


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


1 2
Description Fee
Issue or extension of vocational training certificate £3



SCHEDULE 11
Regulation 13


FEES FOR APPLICATIONS FOR APPROVALS UNDER THE CARRRIAGE OF DANGEROUS GOODS BY ROAD (DRIVER TRAINING) REGULATIONS 1996


1 2 3
Purpose of application Fee for an original approval Fee for renewal of approval
(a) For approval of training

the reasonable cost to the Secretary of State of having the work carried out
        
(b) For approval of a refresher course

the reasonable cost to the Secretary of State of having the work carried out



SCHEDULE 12
Regulation 14


FEE FOR A VOCATIONAL TRAINING CERTIFICATE UNDER THE TRANSPORT OF DANGEROUS GOODS (SAFETY ADVISERS) REGULATIONS 1999


1 2
Description Fee
Issue or extension of vocational training certificate the reasonable cost to the Secretary of State, or the person designated by him for the purpose of issuing vocational training certificates, of having the work carried out



SCHEDULE 13
Regulation 16


FEES FOR NOTIFICATIONS AND APPLICATIONS UNDER THE GENETICALLY MODIFIED ORGANISMS (CONTAINED USE) REGULATIONS 2000


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)

£346
(b) Notification of an activity involving genetic modification in class 2 under regulation 10(1), except a notification to which paragraph 4(1) or paragraph 5(1) of Schedule 10 applies

£691
(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)

£691
(d) Notification of an activity involving genetic modification in class 3 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies

£749
(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)

£749
(f) Notification of an activity involving genetic modification in class 4 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies

£864
(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)

£864
(h) Notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1)

£691
(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)

£691
(j) Notification of additional information under regulation 15(3)

£518
(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)

£518



SCHEDULE 14
Regulation 17


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



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 4,864
For the evaluation of a notification under regulation 4 of a substance already notified -  £2,316
(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) £2,555
For the evaluation of information provided for the purposes of regulation 5(1)(b) (> 100 tonnes per year) £5,027
For the evaluation of information provided for the purposes of regulation 5(1)(c) (> 1000 tonnes per year) £3,524
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))

£1,345
(b) quantity of the new substance equal to or more than 10kg but less than 100 kg (regulation 6(2))

£845
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 £1,345
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 £630
For an application made by a notifier for an exemption relating to him under regulation 23 £2,555


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") £2,334 (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))

£564 (plus VAT)
(b) quantity of the new substance equal to or more than 10 kg but less than 100 kg (regulation 6(2))

£564 (plus VAT)



SCHEDULE 15
Regulation 18


FEES PAYABLE IN RESPECT OF OFFSHORE INSTALLATIONS


1 2
Function Person by whom fee is payable
Assessing a safety case (sent to the Executive pursuant to regulation 4(1) of the 1992 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters The operator who sent the safety case to the Executive pursuant to that provision
Assessing a safety case or a revision to a safety case (sent to the Executive pursuant to any other provision of the 1992 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 safety case which is proposed to be sent to the Executive pursuant to any provision of the 1992 Regulations The operator or owner who has requested that advice
Assessing whether to grant an exemption pursuant to regulation 17 of the 1992 Regulations and granting any such exemption The operator or owner who has requested the exemption



SCHEDULE 16
Regulation 19


FEES PAYABLE IN RESPECT OF RAILWAY SAFETY FUNCTIONS


1 2
Function Person by whom fee is payable
Assessing a safety case or a revision to a safety case (sent to the Executive pursuant to any provision of the 2000 Regulations) for the purpose of deciding whether to accept that safety case or revision, and accepting any such safety case or revision The railway operator or person intending to become the railway operator who has prepared that safety case pursuant to that provision
Assessing whether to grant an exemption pursuant to regulation 17 of the 2000 Regulations and granting any such exemption The railway operator who has requested the exemption
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 2000 Regulations The railway operator or person intending to become the railway operator who has requested that advice
Assessing whether to grant an approval pursuant to any provision of the Approval Regulations and granting any such approval The operator or manufacturer (within the meaning of the Approval Regulations) who has made the application for the approval, or on whose behalf the application has been made
Providing advice with respect to a proposed application for the grant of an approval pursuant to the Approval Regulations The operator or manufacturer (within the meaning of the Approval Regulations) who has requested that advice
Assessing whether to make and making an order in relation to a level crossing pursuant to the Level Crossings Act 1983[43] and to an agreement made pursuant to section 13(1)(b) of the 1974 Act The operator within the meaning of the Level Crossings Act 1983
Assessing whether to grant an exemption pursuant to regulation 6 of the Railway Safety Regulations 1999[44] and granting any such exemption The railway operator who has requested the exemption



SCHEDULE 17
Regulation 20


FEES PAYABLE IN RESPECT OF GAS SAFETY FUNCTIONS


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



SCHEDULE 18
Regulation 22


FEES FOR APPLICATIONS FOR APPROVALS UNDER THE HEALTH AND SAFETY (FIRST-AID) REGULATIONS 1981



Table 1
1 2 3
Fee for an original approval Fee for an additional site-visit Fee for renewal of approval
£936 £336 £64


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
£373 £336 £373 £373



SCHEDULE 19
Regulation 23


FEES FOR APPLICATIONS FOR APPROVALS UNDER THE OFFSHORE INSTALLATIONS AND PIPELINES WORKS (FIRST-AID) REGULATIONS 1989



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
£936 £1,373 £64 £64


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
£336 £890


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
£373 £890 £336 £890


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
£373 £373 the reasonable cost to the Executive due to the cancellation



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations update and replace the Health and Safety (Fees) Regulations 2003 (S.I. 2003/547). 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 Asbestos (Licensing) Regulations 1983 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) an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments made thereunder, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, or for the classification of an article, substance, combination or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 9 and 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 Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 13 and Schedule 11);

    (i) an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 22 and 24 and Schedule 18);

    (j) an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 23 and 24 and Schedule 19);

and in respect of - 

    (k) a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 12 and Schedule 10);

    (l) a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (regulation 14 and Schedule 12);

    (m) a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 16 and Schedule 13);

    (n) a notification or application under the Notification of New Substances Regulations 1993 (regulation 17 and Schedule 14).

     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, rail and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 18 to 21 and Schedules 15 to 17).

     4. Besides the increases for fixed fees which are indicated in the table below, the main changes made by these Regulations are the following.

     5. There is a new lower level of fee for minor changes to an existing licence granted under the Dangerous Substances in Harbour Areas Regulations 1987. (regulation 11 and Schedule 9).

     6. Fees are now included for assessment and providing advice with respect to the preparation of a safety case where that advice is requested by persons intending to become railway operators (regulations 19 and 21 and Schedule 16).

     7. Fees are now included for assessment and providing advice with respect to the preparation of a safety case where that advice is requested by persons intending to convey gas. (regulations 20 and 21 and Schedule 17).

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



Provision of these Regulations which fixes or determines the fees Previous Fee New Fee Percentage Increase
Schedule 1 Original approval Amendment of approval Renewal of approval Original approval Amendment of approval Renewal of approval Original approval Amendment of approval Renewal of approval
Part I                                             
Approval of explosives £287 £200 £69 £294 £205 £71 2.40 2.50 2.90
Part II                                             
Break test shot      £220           £226           2.70     
Deflagration      £174           £179           2.90     
Detonator test (per 100 shots)      £1,348           £1,383           2.60     
Detonator delay time test (per 100 shots)      £1,066           £1,094           2.60     
Gallery shot      £251           £258           2.80     
Velocity of detonation test (per 3 shots)      £436           £447           2.50     
Part III                                             
Other testing not fixed in Part II Reasonable cost to the Executive of having the work carried out Reasonable cost to the Executive of having the work carried out      -     
Schedule 2                                             
Original approval of tractor cab      £410           £421           2.70     
Revision of an existing approval of a tractor cab      £226           £232           2.70     
Schedule 3                                             
Approval of scheme or programme for examination of freight containers      £79           £81           2.50     
Schedule 4                                             
Table 1                                             
Licence for work with asbestos insulation, asbestos coating or asbestos insulating board or renewal of licence      £886           £909           2.60     
Table 2                                             
Re-assessment of licence application      £245           £251           2.50     
Amendment of condition, or duration, of licence      £245           £251           2.50     
Amendment or replacement, of a licence      £65           £67           3.00     

     Basic X-Rays Laboratory tests Basic X-Rays Laboratory tests Basic X-Rays Laboratory tests
Schedule 5                                             
The Ionising Radiations Regulations 1999                                             
(a) where surveillance is confined to examination of, and making entries in, records

£31 £59 £35 £32 £61 £36 3.20 3.40 2.80
(b) in other cases

£58 £59 £35 £60 £61 £36 3.40 3.4 2.8
Control of Asbestos at Work Regulations 2002 £58 £59 £35 £60 £61 £36 3.40 3.40 2.80
Control of Substances Hazardous to Health Regulations 2002 £58 £59 £35 £60 £61 £36 3.40 3.40 2.80
The Work in Compressed Air Regulations 1996 £58 £59 £35 £60 £61 £36 3.40 3.40 2.80
Schedule 6                                             
On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment) £58           £60                3.40     
On each subsequent assessment of an employee  -                                              
(i) for laboratory tests where these are carried out

£35           £36                2.80     
(ii) for a clinical medical examination where this is carried out

£35           £36                2.80     
Schedule 7                                             
Table 1                                             
Group 1                                    Fee Hourly rate
Dose record keeping where the application is solely in respect of Group I function £224 plus £103 per hour worked by Nuclear or Specialist Inspector £269 plus £116 per hour worked by Nuclear or Specialist Inspector      20.00 12.60
Dose record keeping where the application for Group I functions is linked to an application for approval in another group £224 plus £103 per hour worked by Nuclear or Specialist Inspector £269 plus £116 per hour worked by Nuclear or Specialist Inspector      20.00 12.60
Group II                                             
External dosimetry £224 plus £103 per hour worked by Nuclear or Specialist Inspector £269 plus £116 per hour worked by Nuclear or Specialist Inspector      20.00 12.60
Group III                                             
Internal dosimetry                                             
(a) Bio-assay or in-vivo monitoring or air sampling

£224 plus £103 per hour worked by Nuclear or Specialist Inspector £269 plus £116 per hour worked by Nuclear or Specialist Inspector      20.00 12.60
(b) for each additional technique

£224 plus £103 per hour worked by Nuclear or Specialist Inspector £269 plus £116 per hour worked by Nuclear or Specialist Inspector      20.0 12.60
Type approval of apparatus under sub-paragraph 1(c)(i) or 1(d)(i) respectively of Schedule 1 to the Ionising Radiations Regulations 1999 £116 plus £103 per hour worked by Nuclear or Specialist Inspector £119 plus £116 per hour worked by Nuclear or Specialist Inspector      2.60 12.60
Table 2                                             
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 £1,600 plus £103 per hour worked by Nuclear or Specialist Inspector £1,641 plus £116 per hour worked by Nuclear or Specialist Inspector      2.60 12.60
Schedule 8                                             
Part I                                             
Factory licence £529 plus £94 per hour worked by Specialist Inspector £543 plus £111 per hour worked by Specialist Inspector      2.60 18.00
Magazine licence £529 plus £94 per hour worked by Specialist Inspector £543 plus £111 per hour worked by Specialist Inspector      2.60 18.00
Factory amending licence £381 plus £94 per hour worked by Specialist Inspector £391 plus £111 per hour worked by Specialist Inspector      2.60 18.00
Magazine amending licence £381 plus £94 per hour worked by Specialist Inspector £391 plus £111 per hour worked by Specialist Inspector      2.60 18.00
Replacement of the above licenses if lost £47 £48      2.00 -
Licence for importation of compressed acetylene £32 plus £94 per hour worked by Specialist Inspector £33 plus £111 per hour worked by Specialist Inspector      3.00 18.00
Replacement of the above licence if lost £32 £33      3.00 -
Amendment to an existing licence £32 plus £94 per hour worked by Specialist Inspector £33 plus £111 per hour worked by Specialist Inspector      3.00 18.00
Part II                                             
A store licence £73 £75      2.70 -
Renewal of a store licence £73 £75      2.70 -
Registration and renewal of registration of premises for the keeping of explosives with a local authority £13 £13      - -
Licence to keep petroleum spirit of a quantity  -                                              
- not exceeding 2,500 litres £35 for each year of licence £36 for each year of licence &fill2.80    
- exceeding 2,500 litres but not exceeding 50,000 litres £50 for each year of licence £51 for each year of licence      2.00 -
- exceeding 50,000 litres £99 for each year of licence £102 for each year of licence      3.00 -
Transfer of petroleum spirit licence £8 £8      - -
Part III                                             
Original approval of premises in which acetylene is to be manufactured or kept £32 plus £94 per hour worked by Specialist Inspector £33 plus £111 per hour worked by Specialist Inspector      3.00 18.00
Amendment of an approval of premises in which acetylene is to be manufactured or kept £32 plus £94 per hour worked by Specialist Inspector £33 plus £111 per hour worked by Specialist Inspector      3.00 18.00
Approval of apparatus in which acetylene is to be manufactured or kept £32 plus £94 per hour worked by Specialist Inspector £33 plus £111 per hour worked by Specialist Inspector      3.00 18.00
Part IV                                             
Comparison of a porous substance with a sample porous substance £58 £59      2.00 -
Original approval of premises in which acetylene is compressed £32 plus £94 per hour worked by Specialist Inspector £33 plus £111 per hour worked by Specialist Inspector      3.00 18.00
Amendment of an approval of premises in which acetylene is compressed £32 plus £94 per hour worked by Specialist Inspector £33 plus £111 per hour worked by Specialist Inspector      3.00 18.00
Part V                                             
Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 or authorisation of an explosive under section 40(9) of the Explosives Act 1875 £56 per hour worked £57 per hour worked      1.80 -
Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967 £200 plus £94 per hour worked by Specialist Inspector £205 plus £111 per hour worked by Specialist Inspector      2.50 18.00
Part VI                                             
Testing in connection with specified applications in Parts I, III, IV or V Reasonable cost to the Executive of having the testing carried out Reasonable cost to the Executive of having the testing carried out      - -
                                        Fee Hourly rate
Schedule 9                                             
Grant of an explosives licence or alteration of the terms of an existing explosives licence £579 plus £94 per hour worked £594 plus £111 per hour worked      2.60 18.00
Schedule 10                                             
Vocational training certificates under regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 £3 £3      -     
Schedule 11                                             
Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996                                             
Approval of training Reasonable cost to the Secretary of State of having the work carried out Reasonable cost to the Secretary of State of having the work carried out      -     
For approval of a refresher course under regulation 4(6)(a) Reasonable cost to the Secretary of State of having the work carried out Reasonable cost to the Secretary of State of having the work carried out      -     
Fee for renewal of approval Reasonable cost to the Secretary of State of having the work carried out Reasonable cost to the Secretary of State of having the work carried out      -     
Schedule 12                                             
Vocational training certificates under regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 Reasonable cost to the Secretary of State or the person designated by him for the purpose of issuing vocational training certificates of having the work carried out Reasonable cost to the Secretary of State or the person designated by him for the purpose of issuing vocational training certificates of having the work carried out      -     
Schedule 13                                             
Genetically Modified Organisms (Contained Use) Regulations 2000                                             
Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) £288 £346      20.00     
Notification of an activity involving genetic modification in class 2 under regulation 10(1), except a notification to which paragraph 4(1) or paragraph 5(1) of Schedule 10 applies £576 £691      20.00     
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) £576 £691      20.00     
Notification of an activity involving genetic modification in class 3 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies £624 £749      20.00     
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) £624 £749      20.00     
Notification of an activity involving genetic modification in class 4 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies £720 £864      20.00     
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 4 under regulation 11(1) £720 £864      20.00     
Notification of an activity involving genetic modification or organisms other than micro-organisms under regulation 12(1) £576 £691      20.00     
Notification of the intention to use premises for the first time for the purpose of undertaking 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) £576 £691      20.00     
Notification of an additional information under regulation 15(3) £432 £518      20.00     
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) £432 £518      20.00     
Schedule 14                                             
Notification of New Substances Regulations 1993                                             
For the evaluation of a notification under regulation 4 ("base set") £4,745 £4,864      2.50     
For the evaluation of a notification of a substance already notified £2,255 £2,316      2.70     
For the evaluation of a notification under regulation 5(1)(a) (>10 tonnes per year) £2,490 £2,555      2.60     
For the evaluation of a notification under regulation 5(1)(b) (>100 tonnes per year) £4,900 £5,027      2.60     
For the evaluation of a notification under regulation 5(1)(c) (> 1,000 tonnes per year) £3,435 £3,524      2.60     
For a notification under regulation 6  -                                              
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1))

£1,122 £1,345      19.90     
(b) quantity of the new substance up to 100 kg (regulation 6(2))

£708 £845      19.4     
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 that 10kg per annum but less than one tonne per annum or the total amount is equal to or more than 500kg but less than 5 tonnes £1,122 £1,345      19.90     
For an evaluation of information provided under regulation 6(4) (d) (i) in respect of a substance for the purposes of process orientated research and development £615 £630      2.40     
Additional fee to the fee above for the evaluation of a notification under regulation 4 where there is no adequate risk assessment £2,280 plus £399 VAT £2,334 plus VAT      2.40     
Additional fee to the fee above for the evaluation of a notification under regulation 6 where there is no adequate risk assessment  -                                              
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1))

£550 plus £96.25 VAT £564 plus VAT      2.50     
(b) quantity of the new substance up to 100 kg (regulation 6(2))

£550 plus £96.25 VAT £564 plus VAT      2.50     
For an application made by a notifier for an exemption relating to him under regulation 23 £2,490 £2,555      2.60     
Schedule 15                                             
Offshore installations Reasonable cost to the Executive of having the work carried out Reasonable cost to the Executive of having the work carried out      -     
Schedule 16                                             
Railway functions Reasonable cost to the Executive of having the work carried out Reasonable cost to the Executive of having the work carried out      -     
Schedule 17                                             
Gas safety functions Reasonable cost to the Executive of having the work carried out Reasonable cost to the Executive of having the work carried out      -     
Schedule 18                                             
Table 1 Fee for original approval Fee for an additional site-visit Fee renewal of approval Fee for original approval Fee for an additional site-visit Fee renewal of approval               
     £912 £328 £64 £936 £336 £64 2.60 2.40 -
Table 2 Fee for initial site visit Fee for any additional site-visit      Fee for initial site visit Fee for any additional site-visit                    
     £364 £328      £373 £336      2.50 2.40     

Schedule 19
                                                             
Table 1 Fee for original approval :first-aid Fee for original approval :medical Fee for renewal of approval :first-aid Fee for renewal of approval :medical Fee for original approval: first-aid Fee for original approval :medical Fee for renewal of approval :first-aid Fee for renewal of approval :medical                    
     £912 £1,338 £64 £64 £936 £1,373 £64 £64 2.60 2.60 - -
Table 2 Fee for additional site-visit: first-aid Fee for additional site-visit :medical Fee for additional site-visit: first-aid Fee for additional site-visit: medical                    
     £328 £866 £336 £890 2.40      2.80     
Table 3 Fee for initial site-visit: first-aid Fee for initial site-visit: medical Fee for additional site-visit: first-aid Fee for additio-nal site-visit: medical Fee for initial site-visit: first-aid Fee for initial site-visit: medical Fee for additional site-visit: first-aid Fee for additional site-visit: medical                    
     £364 £866 £328 £866 £373 £890 £336 £890 2.50 2.80 2.40 2.80
Table 4 Fee for a site visit to investigate a complaint Fee for a cancelled site visit Fee for a cancelled site visit relating to training      Fee for a site visit to investigate a complaint Fee for a cancelled site visit Fee for a cancelled site visist relating to training                         
     £364 £364 Reasonable cost to the executive due to the cancellation      £373 £373 Reasonable cost to the executive due to the cancellation      2.50 2.50 -     


Notes:

[1] 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

[2] 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

[3] 1974 c. 37; sections 2,3 and 7 were modified by S.I. 2000/2831; section 43 was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 12.back

[4] 1954 c. 70.back

[5] S.I. 1999/2024, to which there are amendments not relevant to these Regulations.back

[6] 1969 c. 10, 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

[10] S.I. 1983/1649, to which there are amendments not relevant to these Regulations.back

[11] S.I. 2002/2675.back

[12] S.I. 2002/2676.back

[13] S.I. 2001/2975, amended by S.I. 2002/2099. 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

[14] S.I. 1999/3232, amended by S.I. 2001/2975.back

[15] 1928 c. 32; relevant amending instruments are S.I. 1974/1942 and 1987/52.back

[16] 1936 c. 27; relevant amending instruments are S.I. 1974/1942 and 1987/52.back

[17] S.I. 1987/37, amended by S.I.1988/712.back

[18] S.I. 1996/2094, amended by S.I. 1999/303.back

[19] S.I 1999/257.back

[20] S.I. 2000/2831, amended by S.I. 2001/2626.back

[21] S.I. 1993/3050, amended by S.I. 1995/2646.back

[22] S.I. 1982/1496, revoked by S.I. 1993/3050.back

[23] S.I. 1992/2885, amended by S.I. 1995/738.back

[24] 1987 c. 53.back

[25] S.I. 2000/2688, to which there are amendments not relevant to these Regulations.back

[26] S.I. 1994/157, amended by S.I. 2001/1166. The Regulations are relevant statutory provisions within the meaning of section 53 of the Health and Safety at Work etc. Act 1974 (c. 37) by virtue of section 117(1) and (4) of the Railways Act 1993 (c. 43).back

[27] 1992 c. 42.back

[28] S.I. 1996/551.back

[29] S.I. 2001/1171.back

[30] S.I. 2001/1170 (S.7).back

[31] S.I. 1987/2197.back

[32] S.I. 1981/917, amended by S.I. 1989/1671, 1993/1897 and 1997/2776.back

[33] S.I. 1989/1671, amended by S.I. 1993/1823, 1995/738 and 1999/3242.back

[34] S.I. 2003/547.back

[35] Section 40(9) was amended by S.I. 1974/1885 and was applied to compressed acetylene by S.I. 1978/1723; the effect of section 40(9) of the Explosives Act 1875 (c. 17) in so far as it applied to acetylene by virtue of Order in Council (No. 30) dated 2nd February 1937 (S.R. & O. 1937/54) was saved by regulation 12 of, and Part I of Schedule 4 to, the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714).back

[36] S.I. 1978/1723, amended by S.I. 2001/1426.back

[37] 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.back

[38] S.R. & O. 1937/54; relevant amending instruments are S.R. & O. 1947/805 and S.I. 1974/1885 and 1984/510.back

[39] S.R. & O. 1919/809, amended by S.I. 1974/1885 and 1984/510.back

[40] S.I. 1983/1140.back

[41] 1875 c. 17; section 40(9) was modified by regulation 12, and Part I of Schedule 4 to, the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714).back

[42] S.I. 1967/1485.back

[43] 1983 c. 16; the Act, which was amended by the level Crossings Regulations 1997 (S.I. 1997/487), is one of the relevant statutory provisions within the meaning of section 53 of the Health and Safety at Work etc. Act 1974 (c. 37) by virtue of section 117(1) and (4) of the Railways Act 1993 (c. 43).back

[44] S.I. 1999/2244, to which there are amendments not relevant to these Regulations.back



ISBN 0 11 048745 1


  © Crown copyright 2004

Prepared 2 March 2004


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