Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health and Safety (Fees) Regulations 2008 and shall come into force on 6th April 2008.

(2) In these Regulations —

“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;

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

“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to—

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);

“original approval” does not include an amendment of an approval; and

“working days” does not include weekends or public holidays.

(3) Any reference in these Regulations to the renewal of an approval, explosives certificate, licence or registration (each referred to in this paragraph as an “authorisation”) means the granting of the authorisation concerned to follow a previous authorisation of the same kind without any amendment or gap in time.

Fees payable under the mines and quarries provisions

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

(2) The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part 1 of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part.

(3) Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below—

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

(b)in any other case, the fee shall be as set out in Part 3 of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).

Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974

3.—(1) A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974(8).

(2) The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984

4.—(1) A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984(9).

(2) The fee payable on application for the approval described in column 1 of Schedule 3 shall be that specified in column 2 of that Schedule.

Fees for various applications under the Control of Asbestos Regulations 2006

5.—(1) A fee shall be payable by the applicant to the Executive on each application for a licence under the Control of Asbestos Regulations 2006(10) (“the 2006 Regulations”).

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

(3) Where the Executive refuses to grant an applicant a licence under the 2006 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.

(4) The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 in Schedule 4.

(5) Where the Executive amends a licence granted under the 2006 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.

(6) The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 in Schedule 4.

(7) Where the Executive replaces a lost licence granted under the 2006 Regulations or amends a licence granted under those Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.

(8) The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 4.

Fees for examination or surveillance by an employment medical adviser

6.—(1) A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 5.

(2) The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 5—

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

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

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

(3) Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos Regulations 2006, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).

Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002

7.—(1) A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 2002(11).

(2) The fee payable for each item described in column 1 of Schedule 6 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001

8.—(1) A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of the 1999 Regulations.

(2) A fee shall be payable by the applicant to the Executive on each application for the type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations.

(3) The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Table 1 in Schedule 7 shall be that specified in the corresponding entry in column 2 of that Table.

(4) A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001(12).

(5) The fee payable for an application for each purpose specified in column 1 of Table 2 in Schedule 7 shall be that specified in column 2 of that Table.

(6) A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable —

(a)by virtue of paragraph (1) or (2), or

(b)by virtue of paragraph (4)

and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 shall be that specified in the corresponding entry in column 3 of those Tables for each hour worked, adjusted pro rata for a period worked of less than one hour.

(7) Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.

(8) Any fee payable under paragraph (6) or (7) shall be payable prior to notification of the result of the application.

(9) In this regulation “the 1999 Regulations” means the Ionising Radiations Regulations 1999(13).

Fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936

9.—(1) Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 8 is made to the Executive, where it is the licensing authority by virtue of paragraphs 1(b) or (c) or 2 of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive, save that, in the case of an application referred to in column 2 of that Part for a licence to manufacture ammonium nitrate blasting intermediate(14), or to vary any such licence, the fee referred to in column 3 of that Part as an amount per hour worked —

(a)shall be adjusted pro rata for a period worked of less than one hour; and

(b)shall be payable prior to notification of the result of the application.

(2) Where any application in relation to a provision specified in column 1 of Part 2 of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to that licensing authority.

(3) Where an application in relation to the provision specified in column 1 of Part 3 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.

(4) The fee payable under each provision specified in column 1 of Part 4 of Schedule 8 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.

(5) A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (3) for any purpose specified in column 2 of each of Parts 1 and 3 of Schedule 8 for which there is a corresponding entry in column 4 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.

(6) A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8.

(7) The fee for an application for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8 —

(a)shall be that specified in the corresponding entry in column 2 in the respective Part; and

(b)shall be payable on making the application, save that, where in column 2 of Part 7 a part of the fee is determined as an amount per hour worked, that part shall be payable prior to notification of the result of the application and shall be adjusted pro rata for a period worked of less than one hour.

(8) A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (6) for any purpose specified in column 1 of each of Parts 5 and 6 of Schedule 8 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.

(9) A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part 8 of Schedule 8, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.

(10) Where any application in relation to the provision specified in column 1 in Table 1 in Part 9 of Schedule 8 is made for a purpose specified in column 2 of that Table, the fee specified in the corresponding entry in column 3 of that Table shall be payable by the applicant to the chief officer of police.

(11) Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 1991(15), a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 in Part 9 of Schedule 8.

(12) Parts 2 and 4 of Schedule 8 shall have effect subject to, respectively, the Notes to Parts 2 and 4.

(13) For the purposes of this regulation and Schedule 8 —

(a)“the 1968 Act” means the Firearms Act 1968(16);

(b)“the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005(17);

(c)“ammonium nitrate blasting intermediate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “registration”, “shooters’ powder” and “site” have the same meanings as in the 2005 Regulations;

(d)“chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings as in the Control of Explosives Regulations 1991;

(e)“firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act;

(f)“firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act to a person who is registered as a firearms dealer under that section;

(g)“relevant application under the 1968 Act” means an application under the 1968 Act —

(i)for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; or

(ii)for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate; and

(h)“relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate.

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

10.  Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928(18) or section 1(4) of the Petroleum (Transfer of Licences) Act 1936(19) the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.

Fees for application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987

11.—(1) A fee shall be payable by the applicant to the Executive on each application for an explosives licence, for any alteration in the terms of, or other change to an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987(20).

(2) The fee on an application for each purpose specified in column 1 of Schedule 9 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour worked, the fee, which shall be adjusted pro rata for a period worked of less than one hour, so calculated shall be payable prior to notification of the result of the application.

Estimate of cost of work

12.  Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(3)(b), 9(9), 17(1) or 17(2), or to the licensing authority of carrying out any work pursuant to regulation 9(2), the Executive or, as the case may be, the licensing authority shall:

(a)on receipt of the application or, as the case may be, request prepare and send to the person making the application or request an estimate of that cost; and

(b)before carrying out the work, obtain confirmation from the person making the application or request that he wishes the work to be carried out on the basis of that estimate of cost.

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

13.—(1) The fee specified in column 2 of Schedule 10 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.

(2) No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.

(3) In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000(21) and “competent authority” has the same meaning as in those Regulations.

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

14.—(1) The fee specified in column 2 of Table 1 in Schedule 11 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations 1993(22), on each such notification or application under those Regulations as is referred to in the corresponding entry in column 1 of that Table.

(2) In the circumstances described in column 1 of Table 2 in Schedule 11, the fee specified in the corresponding entry in column 2 of that Table shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.

(3) In Schedule 11—

“the 1982 Regulations” means the Notification of New Substances Regulations 1982(23);

“the 1993 Regulations” means the Notification of New Substances Regulations 1993;

“the predecessor Directive” has the same meaning as is given to “the Directive” in the first mentioned Regulations in this paragraph;

“RTP polymer” means a polymer, which word has the same meaning as in the second mentioned Regulations in this paragraph, for which a reduced test package is acceptable pursuant to paragraph C.2 of Part D of Schedule 2 to those second mentioned Regulations; and,

references in that Schedule to “competent authority”, “the Directive”, “member State” and “process-orientated research and development” have the same meanings as in those second mentioned Regulations.

Fees payable in respect of offshore installations

15.—(1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 12 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.

(2) A fee shall be payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2005 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following —

(a)that operator or owner in relation to the installation to which the current safety case relates; or

(b)a contractor in relation to any work carried out by him on or in connection with that installation.

(3) For the purposes of this regulation, regulation 18 and Schedule 12, “the 1992 Regulations” means the Offshore Installations (Safety Case) Regulations 1992(24), “the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005(25) and “installation”, “current safety case”, “safety case”, “operator” and “owner” have the same meanings as in the 2005 Regulations.

Fees payable in respect of gas safety functions

16.—(1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 13 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.

(2) A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —

(a)that person in relation to the network, including a pipeline that it is intended will form part of the network, to which the safety case relates; or

(b)a contractor in relation to work carried out by him on or in connection with that network including work on a pipeline that it is intended will form part of that network;

insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is or is to be conveyed or used.

(3) A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations and a major accident prevention document pursuant to the Pipelines Safety Regulations 1996(26) for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —

(a)that person in relation to work relating to a major accident hazard pipeline, including the construction of a pipeline that it is intended will form part of the network, to which the major accident hazard prevention document relates; or

(b)a contractor in relation to work carried out by him relating to a major accident hazard pipeline, including the construction of a pipeline that it is intended will form part of the network, to which the major accident hazard prevention document relates;

(4) For the purposes of this regulation, regulation 18 and Schedule 13, “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996(27), “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations and “major accident hazard pipeline” has the same meaning as in the Pipelines Safety Regulations 1996.

Fees payable in relation to nuclear installations

17.—(1) Where, by virtue of the provisions specified in entry (a) or (b) of column 1 of Table 1 in Schedule 14, the Executive carries out any work for a purpose specified in column 2 of that Table, a fee shall be payable to the Executive by the person referred to in column 3 of that Table.

(2) Where, by virtue of the provisions specified in column 1 of Table 2 in Schedule 14 the Executive carries out any work for the purpose specified in column 2 of that Table, a fee shall be payable to the Executive by the person referred to in column 3 of that Table.

(3) A fee shall be payable to the Executive by a licensee of a nuclear site for the performance by or on behalf of the executive or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —

(a)that licensee ; or

(b)a contractor in relation to any work carried out by him on or in connection with that nuclear site.

(4) For the purpose of this regulation and Schedule 14—

“the 1965 Act” means the Nuclear Installations Act 1965(28);

“assessment agreement” means an agreement between the Executive and the person requesting the assessment of a design proposal, which identifies the scope of the assessment to be made by the Executive of that design proposal;

“design proposal” means a proposal for any nuclear installation, including matters relating to the installation’s construction, commissioning, operation and decommissioning, which is to be assessed by the Executive prior to any application for a licence under section 1(1) of the 1965 Act which may be made, based upon that proposal;

“licensee” means a person who has been granted a nuclear site licence pursuant to section 1(1) of the 1965 Act; and

“nuclear installation” means a nuclear reactor or an installation within the meaning of section 1(1)(b) of the 1965 Act.

Provisions supplementary to regulations 15 to 17

18.—(1) The fees referred to in regulations 15 to 17 above shall —

(a)not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function, or in the case of regulation 17(1) and (2) the carrying out of the work, referred to in the respective regulation; and

(b)be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.

(2) Any fees payable under regulations 15 to 17 shall not include any costs connected with any—

(a)in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates’ Court;

(b)in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as—

(i)the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or

(ii)the Procurator Fiscal intervenes in the investigation,

whichever is the sooner; or

(c)appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and regulation 16(1) and (3)(b) of, and Schedules 1 and 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(29).

(3) For the purposes of regulation 15 and paragraph (2)(a) and (b), an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987(30) and in Scotland if it is in the Scottish area within the meaning of that article.

(4) Any reference in regulation 15 to a person who has prepared a current safety case includes a reference to —

(a)a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and

(b)a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2005 Regulations.

(5) Any reference in regulation 16 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.

(6) Any reference in regulations 15 to 17 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.

(7) Any reference in regulations 15 to 17 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

19.—(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(31).

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

(a)in respect of an application for an original approval, that specified in column 1 of Table 1 in Schedule 15; and

(b)in respect of an application for a renewal of an approval, that specified in column 3 of that Table.

(3) Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Table 1 in Schedule 15.

(4) The fee referred to—

(a)in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;

(b)in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.

(5) Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.

(6) The fee payable under paragraph (5) shall be that specified in column 1 of Table 2 in Schedule 15 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Table.

(7) Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —

(a)the result of the investigation is that the complaint is found to be justified, and

(b)the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.

(8) The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 15.

(9) Where the date for any site visit referred to in this regulation has been agreed between the training provider and the Executive and —

(a)three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and

(b)there is as a result no site-visit on that date,

a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.

(10) The fee payable under paragraph (9) shall be that specified in column 4 of Table 2 in Schedule 15.

(11) The fee referred to in paragraphs (6), (8) and (10) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.

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

20.—(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(32).

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

(a)where the application for an original approval of training relates to, as the case may be—

(i)rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”), or

(ii)rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),

that specified in, respectively, columns 1 and 2 of Table 1 in Schedule 16;

(b)in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.

(3) Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall—

(a)where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 in Schedule 16, or

(b)where the application for approval relates to medical training, be that specified in column 2 of that Table.

(4) The fee referred to—

(a)in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;

(b)in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.

(5) Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.

(6) Subject to paragraph (7), the fee payable under paragraph (5) shall—

(a)where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 in Schedule 16, or

(b)where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,

provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in sub-paragraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.

(7) The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall—

(a)where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 in Schedule 16, or

(b)where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.

(8) Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where—

(a)the result of the investigation is that the complaint is found to be justified, and

(b)the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.

(9) The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 in Schedule 16.

(10) Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —

(a)three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and

(b)there is as a result no site-visit on that date,

a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.

(11) The fee payable under paragraph (10) shall —

(a)where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 in Schedule 16, or

(b)where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).

(12) The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.

Provisions supplementary to regulations 19 and 20

21.—(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 £168 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 £56 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 £56 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 £168 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 £56 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 £168 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 £224 in respect of the fees paid for those applications.

(5) In this regulation—

“the 1981 Regulations” means the Health and Safety (First-Aid) Regulations 1981; and

“first-aid training” and “medical training” have the same meanings as in regulation 20.

Amendment of the Control of Major Accident Hazard Regulations 1999

22.—(1) In regulation 22 of the Control of Major Accident Hazards Regulations 1999(33) after paragraph (2), insert —

“(2A) Subject to paragraph (2B), a fee shall be payable to the Executive by an operator of an establishment who is required to prepare a safety report pursuant to regulation 7 for the performance by or on behalf of the Executive, or by an inspector appointed by it,, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following—

(a)that operator or owner in relation to the installation to which the current safety case relates; or

(b)a contractor in relation to any work carried out by him on or in connection with that installation.

(2B) Paragraph 2A does not apply in the case of an establishment where the presence of the dangerous substance at the establishment is, in the opinion of the Executive, for a purpose ancillary to the main activity at the establishment.”

(2) In paragraph (3) for “paragraphs (1) and (2)” substitute “paragraphs (1), (2) and (2A)”.

(3) After paragraph (7) insert—

“(8) In this regulation any reference 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 this regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.”.

Revocation

23.  The Health and Safety (Fees) Regulations 2007(34) and the Health and Safety (Fees) (Amendment) Regulations 2007(35) are revoked.

Regulation 2

SCHEDULE 1FEES PAYABLE UNDER THE MINES AND QUARRIES PROVISIONS

PART 1FEES FOR APPLICATIONS FOR APPROVAL OF SUBSTANCES UNDER THE MINES AND QUARRIES PROVISIONS

PART 2FEES FOR TESTING EXPLOSIVES AND DETONATORS UNDER THE MINES AND QUARRIES PROVISIONS

PART 3FEES FOR OTHER TESTING

The fee for any testing not fixed by Part 2 of this Schedule shall be the reasonable cost to the Executive of having the testing carried out.

Regulation 3

SCHEDULE 2FEES FOR APPLICATIONS FOR APPROVAL UNDER THE AGRICULTURE (TRACTOR CABS) REGULATIONS 1974

Regulation 4

SCHEDULE 3FEE FOR APPLICATION FOR APPROVAL UNDER THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS 1984

Regulation 5

SCHEDULE 4FEES FOR VARIOUS APPLICATIONS UNDER THE CONTROL OF ASBESTOS REGULATIONS 2006

Regulation 6

SCHEDULE 5FEES FOR EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER

Regulation 7

SCHEDULE 6FEES FOR MEDICAL SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER UNDER THE CONTROL OF LEAD AT WORK REGULATIONS 2002

Regulation 8

SCHEDULE 7FEES FOR VARIOUS APPLICATIONS IN CONNECTION WITH THE IONISING RADIATIONS REGULATIONS 1999 AND THE RADIATION (EMERGENCY PREPAREDNESS AND PUBLIC INFORMATION) REGULATIONS 2001

Regulation 9

SCHEDULE 8FEES PAYABLE UNDER THE MANUFACTURE AND STORAGE OF EXPLOSIVES REGULATIONS 2005 AND CERTAIN OTHER PROVISIONS CONCERNING EXPLOSIVES, INCLUDING ACETYLENE, AND UNDER THE PETROLEUM (CONSOLIDATION) ACT 1928 AND THE PETROLEUM (TRANSFER OF LICENCES) ACT 1936

PART 1APPLICATIONS FOR LICENCES, OR VARIATIONS OF LICENCES, TO MANUFACTURE OR STORE EXPLOSIVES MADE TO THE EXECUTIVE WHERE IT IS THE LICENSING AUTHORITY BY VIRTUE OF PARAGRAPHS 1(b) OR (c) OR 2 OF SCHEDULE 1 TO THE 2005 REGULATIONS

PART 2APPLICATIONS FOR LICENCES TO STORE EXPLOSIVES AND FOR REGISTRATION IN RELATION TO THE STORAGE OF EXPLOSIVES MADE TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPH 1(a) OF SCHEDULE 1 TO THE 2005 REGULATIONS

PART 3APPLICATION FOR AN ACETYLENE IMPORTATION LICENCE UNDER SECTION 40(9) OF THE EXPLOSIVES ACT 1875 AND REPLACEMENT OF SUCH A LICENCE

PART 4FEE PAYABLE IN RESPECT OF APPLICATIONS FOR THE GRANTING AND TRANSFER OF PETROLEUM-SPIRIT LICENCES

PART 5APPLICATIONS UNDER PARAGRAPH (1) OF THE PROVISO TO ORDER IN COUNCIL (NO. 30) OF 2ND FEBRUARY 1937(40) FOR APPROVALS OF PREMISES AND APPARATUS IN WHICH ACETYLENE IS TO BE MANUFACTURED OR KEPT

PART 6APPLICATIONS FOR APPROVALS IN RESPECT OF CONDITION (8) IN THE ORDER OF THE SECRETARY OF STATE (NO. 9) OF 23RD JUNE 1919(41)

PART 7APPLICATION FOR APPROVAL OF A CLASSIFICATION OF AN EXPLOSIVE UNDER THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983

PART 8FURTHER FEES PAYABLE IN RESPECT OF CERTAIN TESTING REQUIRED BY THE EXECUTIVE

PART 9FEES FOR EXPLOSIVES CERTIFICATES UNDER THE CONTROL OF EXPLOSIVES REGULATIONS 1991

Regulation 11

SCHEDULE 9FEES FOR APPLICATION FOR OR CHANGES TO AN EXPLOSIVES LICENCE UNDER PART IX OF THE DANGEROUS SUBSTANCES IN HARBOUR AREAS REGULATIONS 1987

Regulation 13

SCHEDULE 10FEES FOR NOTIFICATIONS AND APPLICATIONS UNDER THE GENETICALLY MODIFIED ORGANISMS (CONTAINED USE) REGULATIONS 2000

Regulation 14

SCHEDULE 11FEES FOR NOTIFICATIONS AND APPLICATIONS UNDER THE NOTIFICATION OF NEW SUBSTANCES REGULATIONS 1993

Regulation 15

SCHEDULE 12FEES PAYABLE IN RESPECT OF OFFSHORE INSTALLATIONS

Regulation 16

SCHEDULE 13FEES PAYABLE IN RESPECT OF GAS SAFETY FUNCTIONS

Regulation 17

SCHEDULE 14FEES PAYABLE IN RELATION TO NUCLEAR ASSESSMENTS, DESIGN PROPOSALS AND POTENTIAL NUCLEAR SITE APPLICATIONS UNDER SECTION 1(1) OF THE 1965 ACT

Regulation 19

SCHEDULE 15FEES FOR APPLICATIONS FOR APPROVALS UNDER THE HEALTH AND SAFETY (FIRST-AID) REGULATIONS 1981

Regulation 20

SCHEDULE 16FEES FOR APPLICATIONS FOR APPROVALS UNDER THE OFFSHORE INSTALLATIONS AND PIPELINES WORKS (FIRST-AID) REGULATIONS 1989

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations revoke and replace the Health and Safety (Fees) Regulations 2007 (S.I. 2007/ 813) as amended by the Health and Safety (Fees) (Amendment) Regulations 2007 (S.I. 2007/1672). These regulations consolidate amendments made to those Regulations and also update fees to be charged. They also extend charging for general health and safety in high hazard industries They fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive, in respect of an application made for —

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

(b)an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 2);

(c)an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 4 and Schedule 3);

(d)a licence under the Control of Asbestos Regulations 2006 and the amendment to, replacement of, and reassessment of an application to grant, such a licence (regulation 5 and Schedule 4);

(e)an approval of dosimetry services for the purposes of the Ionising Radiations Regulations 1999 or the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (regulation 8 and Schedule 7);

(f)a licence to manufacture or store explosives or for registration for storing explosives, under the Manufacture and Storage of Explosives Regulations 2005, for an acetylene importation licence under section 40(9) of the Explosives Act 1875, for an approval under certain instruments made under that Act in relation to acetylene, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, for the approval of a classification of an explosive under the Classification and Labelling of Explosives Regulations 1983, or for an explosive certificate under the Control of Explosives regulations 1991 (regulation 9 and Schedule 8). In relation to those explosive certificates, these Regulations include lower fees for those applying for such certificates so as to acquire and keep shooters’ powder in certain circumstances (entries (g) to (j) in Table 1 of Part 9 of Schedule 8);

(g)an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 11 and Schedule 9);

(h)an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 19 and 21 and Schedule 15 );

(i)an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 20 and 21 and Schedule 16);

(j)an “assessment agreement” and a “design proposal” as defined in regulation 17 for nuclear installations (regulation 17 and schedule 14);

(k)a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 13 and Schedule 10);

(l)a notification or application under the Notification of New Substances Regulations 1993 (regulation 14 and Schedule 11).

2.  The Regulations fix fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 6 and 7 and Schedules 5 and 6).

3.  The Regulations fix or determine the fees payable by specified persons in the offshore for the performance by the Executive of the functions specified in those provisions and in relation to general health and safety functions at those sites (regulations 15 and 16 and Schedules 12 and 13)

4.  The regulations introduce fees for advice given to nuclear licensees or potential licences for work done by the Health and Safety Executive in relation to—

(a)advice given to potential applicants for a nuclear site licence in relation to their potential application; and

(b)general health and safety functions conferred by the 1974 Act (44) for existing licensees (regulation 17).

5.  The regulations introduce fees for work done by the Health and Safety Executive in relation to the enforcement of general health and safety functions conferred by the 1974 Act for relating to the transportation of gas through “major accident hazard pipelines”, including where such work is not directly concerned with protecting persons from the risks arising from the manner in which gas is conveyed or used(regulation 15).

6.  The regulations amend the Control of Major Accident Hazards Regulations 1999 (as amended) to introduce fees for work done by the Health and Safety Executive in relation to the enforcement of general health and safety functions conferred by the 1974 Act for establishments that are required by regulation 7 of those regulations to prepare a safety report (regulation 22).

7.  A Full Impact Assessment was not prepared on these changes as the impact on the voluntary sector will be nil and the impact on the private sector will be negligible.

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