The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024

9

1

 A fee is payable to the Executive or the ONR, as appropriate, by the person referred to in column 3 of the table in Part 1 of Schedule 7, for the performance by or on behalf of the Executive or by the ONR of such functions as are conferred on the Executive or the ONR by virtue of the provision specified in column 1 of that table for the purpose specified in column 2 of that table.

2

Where an application is made to the Executive in relation to a provision specified in column 1 of the table in Part 2 of Schedule 7, for a purpose specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table is payable by the applicant to the Executive.

3

Where an application is made to a licensing authority specified in paragraph 1(a) of Schedule 1 to the Explosives Regulations 20147 in relation to a provision specified in column 1 of the table in Part 3 of Schedule 7, for a purpose specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table is payable by the applicant to that licensing authority.

4

Where a licensing authority specified in paragraph 1(a) of Schedule 1 to the Explosives Regulations 2014 varies, or proposes to vary, a licence as described in column 1 of the table in Part 3 of Schedule 7, without the agreement of the explosives licensee as permitted by regulation 16 of the Explosives Regulations 2014, the fee specified in the corresponding entry of column 3 of that table is payable by the explosives licensee to that licensing authority.

5

Where any application in relation to the provision specified in column 1 of the table in Part 4 of Schedule 7 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 is payable by the applicant to the chief officer of the police.

6

Where, in relation to an application for an explosives certificate under the Explosives Regulations 2014, a check is carried out for the purposes of regulation 19(2)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee of £5 is payable by the applicant to the chief officer of police prior to that check being carried out.

7

Parts 3 and 4 of Schedule 7 have effect subject to, respectively, the Notes to Parts 3 and 4.

8

A fee is payable to the acetylene licensing authority by the person referred to in column 2 of the table in Part 5 of Schedule 7, for the performance by or on behalf of the acetylene licensing authority of such functions as are conferred on it for the purpose specified in column 1 of that table.

9

Where a fee is payable under paragraphs (1) to (5) or (8), the fee is payable—

a

in relation to applications for new licences, prior to notification of the result of the application;

b

for existing licences, within 30 days from—

i

the date on which the variation of the licence takes effect; or

ii

if the licence is not varied, the date of the invoice given to the relevant licensee in respect of that fee.

10

Subject to paragraphs (12) and (13), a fee is payable by the relevant person to the Executive for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (11).

11

The functions referred to in paragraph (10) are any functions conferred on the Executive or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against that relevant person.

12

No fee is payable under paragraph (10) for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any functions conferred on them by the 1974 Act which relate to the enforcement of Part 13 of the Explosives Regulations 2014.

13

No fee is payable under this regulation for the performance by or on behalf of the Executive of the functions referred to in paragraph (10) to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to the Control of Major Accident Hazards Regulations 20158.

14

For the purposes of this regulation and Schedule 7—

• “the 1968 Act” means the Firearms Act 19689;

• “the 2014 Acetylene Regulations” means the Acetylene Safety (England and Wales and Scotland) Regulations 201410;

• “acetylene licensee” means a licensee within the meaning given in the 2014 Acetylene Regulations (see regulation 2 of those Regulations);

• “acetylene licensing authority” means a licensing authority within the meaning given in the 2014 Acetylene Regulations (see regulation 2 of those Regulations);

• “ammonium nitrate blasting intermediate”, “chief officer of police”, “civil explosive”, “explosives certificate”, “licence”, “licensing authority”, “manufacture”, “prohibited person”, “shooters’ powder” and “site” have the same meanings as in the Explosives Regulations 201411;

• “explosives licensee” means a licensee within the meaning given in the Explosives Regulations 2014 (see regulation 2(1) of those Regulations);

• “firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act12;

• “firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act13 to a person who is registered as a firearms dealer under that section;

• “recipient competent authority document” means a document obtained under regulation 8(1) of the Explosives Regulations 2014 for the transfer of civil explosives;

• “relevant application under the 1968 Act” means an application under the 1968 Act—

  1. a

     for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; and

  2. b

     for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate;

• “relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate;

• “relevant person” means an explosives licensee or an acetylene licensee as the case may be;

• “site manufacturing code” means the code attributed to a site that manufactures civil explosives by the Executive under regulation 34 of the Explosives Regulations 2014.

SCHEDULE 7Fees payable in relation to the Explosives Regulations 2014, the 2014 Acetylene Regulations and the Petroleum (Consolidation) Regulations 2014

Regulations 9 and 10

PART 1Fees for applications for licences, variations, transfers or replacements of licences, to manufacture or to store explosives, made to the Executive or the ONR under the Explosives Regulations 2014

1 (Provision of the Explosives Regulations 2014 under which a licence is granted, varied, transferred or replaced)	2 (Purpose of application or exercise of function)	3 (Person by whom the fee is payable)
Regulation 13, including as extended by regulation 2(2) of those Regulations to the manufacture and storage of ammonium nitrate blasting intermediate	Licence to store explosives	Applicant
	Licence to manufacture explosives	Applicant
	Renewal of any of the above licences	Explosives licensee
Regulation 16	Varying, or proposing to vary, a licence to manufacture or store explosives	Explosives licensee
Regulation 17	Transfer of any of the above licences	Transferee of explosives licence
	Replacement of any of the above licences, if lost	Explosives licensee
Regulation 23(1)(c)	Revocation of any of the above licences	Explosives licensee

PART 2Fees for applications to issue a recipient competent authority document or site manufacturing code for civil explosives under the Explosives Regulations 2014

1 (Provision of the Explosives Regulations 2014 under which a licence, document or code is issued)	2 (Purpose of application or exercise of function)	3 (Fee)
Regulation 8	Recipient competent authority document for the transfer of civil explosives	£138
Regulation 34	Attribution of site manufacturing code for civil explosives	£69

PART 3Fees for applications for licences, or variations to, or transfer of, licences to store explosives, made to licensing authorities specified in paragraph 1(a) of Schedule 1 to the Explosives Regulations 2014

1 (Provision of the Explosives Regulations 2014 under which application is made or function is exercised)	2 (Purpose of application or exercise of function)	3 (Fee)
Regulation 13 (see Note)	Licence to store explosives where, by virtue of regulation 27 of and Schedule 5 to the 2014 Regulations, a minimum separation distance of greater than 0 meters is required:
	(a) one year’s duration	£202
	(b) two years’ duration	£266
	(c) three years’ duration	£333
	(d) four years’ duration	£409
	(e) five years’ duration	£463
	Licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 meters separation distance is prescribed:
	(a) one year’s duration	£119
	(b) two years’ duration	£154
	(c) three years’ duration	£190
	(d) four years’ duration	£226
	(e) five years’ duration	£260
	Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, a minimum separation distance of greater than 0 meters is prescribed:
	(a) one year’s duration	£94
	(b) two years’ duration	£161
	(c) three years’ duration	£226
	(d) four years’ duration	£291
	(e) five years’ duration	£357
	Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 meters minimum separation distance is prescribed:
	(a) one year’s duration	£59
	(b) two years’ duration	£94
	(c) three years’ duration	£132
	(d) four years’ duration	£166
	(e) five years’ duration	£202
Regulation 16	Varying, or proposing to vary, a licence:
	(a) varying name of explosives licensee or address of site	£40
	(b) any other kind of variation or any proposal to vary a licence	The reasonable cost to the licensing authority of having the work carried out
Regulation 17	Transfer of licence	£40
	Replacement of licence	£40

Note:

The fee payable for a licence or renewal of a licence—

a

of less than one year’s duration is, respectively, the fee set out above for a licence or renewal of a licence of one year’s duration decreased proportionately according to the duration of the period for which the licence or renewal is granted;

b

of more than one but less than two years’ duration is, respectively, the fee set out above for a licence, or a renewal of a licence, of one year’s duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

c

of more than two but less than three years’ duration is, respectively, the fee set out above for a licence or renewal of a licence of two years’ duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

d

of more than three but less than four years’ duration is, respectively, the fee set out above for a licence or renewal of a licence of three years’ duration increased proportionately according to the duration of the period for which the licence or renewal is granted;

e

of more than four but less than five years’ duration is, respectively, the fee set out above for a licence or renewal of a licence of four years’ duration increased proportionately according to the duration of the period for which the licence or renewal is granted.

PART 4Fees for explosives certificates under the Explosives Regulations 2014

1 (Provision of the Explosives Regulations 2014 under which a fee is payable)	2 (Purpose of application)	3 (Fee)
Regulation 11 (see Note)	(a) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (c), (g) or (i), at a site in relation to which a person holds a licence to store explosives and, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance is prescribed or a 0 metres minimum separation distance is prescribed:
	(i) one year’s duration	£142
	(ii) two years’ duration	£178
	(iii) three years’ duration	£214
	(iv) four years’ duration	£250
	(v) five years’ duration	£286
	(b) Renewal of the explosives certificate referred to in (a):
	(i) one year’s duration	£125
	(ii) two years’ duration	£148
	(iii) three years’ duration	£171
	(iv) four years’ duration	£197
	(v) five years’ duration	£220
	(c) Explosives certificate for acquiring and keeping explosives not including an application for an explosives certificate referred to in entries (a), (g) or (i), at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives:
	(i) one year’s duration	£154
	(ii) two years’ duration	£190
	(iii) three years’ duration	£226
	(iv) four years’ duration	£260
	(v) five years’ duration	£297
	(d) Renewal of the explosives certificate referred to in (c):
	(i) one year’s duration	£148
	(ii) two years’ duration	£178
	(iii) three years’ duration	£208
	(iv) four years’ duration	£238
	(v) five years’ duration	£266
	(e) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) or (i), at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives:
	(i) one year’s duration	£208
	(ii) two years’ duration	£250
	(iii) three years’ duration	£291
	(iv) four years’ duration	£333
	(v) five years’ duration	£375
	(f) Renewal of the explosives certificate referred to in (e):
	(i) one year’s duration	£183
	(ii) two years’ duration	£220
	(iii) three years’ duration	£255
	(iv) four years’ duration	£291
	(v) five years’ duration	£327
	(g) Explosives certificate for acquiring and keeping shooters’ powder only, at a site in relation to which the applicant holds a licence, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time	£28
	(h) Renewal of the explosives certificate referred to in (g) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time	£17
	(i) Explosives certificate for acquiring and keeping only shooters’ powder at a site in relation to which the applicant holds a licence and a relevant certificate, where no relevant application under the 1968 Act by the applicant is to be determined at the same time	£50
	(j) Renewal of the explosives certificate referred to in (i) where no relevant application under the 1968 Act by the same applicant is to be determined at the same time	£20
	(k) Explosives certificate for acquiring more than 15 kilograms of explosives, not including an application for an explosives certificate referred to in entries (m) or (o)
	(i) one year’s duration	£142
	(ii) two years’ duration	£178
	(iii) three years’ duration	£214
	(iv) four years’ duration	£250
	(v) five years’ duration	£286
	(l) Renewal of the explosives certificate referred to in (k):
	(i) one year’s duration	£125
	(ii) two years’ duration	£148
	(iii) three years’ duration	£171
	(iv) four years’ duration	£197
	(v) five years’ duration	£220
	(m) Explosives certificate for acquiring more than 15 kilograms of shooters’ powder only, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time	£28
	(n) Renewal of the explosives certificate referred to in (m) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time	£17
	(o) Explosives certificate for acquiring more than 15 kilograms of shooters’ powder only, where the applicant holds a relevant certificate and no relevant application under the 1968 Act is to be determined at the same time	£50
	(p) Renewal of the explosives certificate referred to in (o) where no relevant application under the 1968 Act by the applicant is to be determined at the same time	£20
	(q) Replacement of any explosives certificate referred to in entries (a) to (f) and (k) and (l) if lost	£40
	(r) Replacement of any explosives certificate referred to in entries (g) to (j) and (m) to (p) if lost	£11

Note:

The fee payable for an explosives certificate or renewal of an explosive certificate (“renewal”)—

a

of less than one year’s duration is, respectively, the fee set out above for a certificate, or renewal of one year’s duration decreased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

b

of more than one but less than two years’ duration is, respectively, the fee set out above for an explosives certificate, or a renewal of one year’s duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

c

of more than two years but less than three years’ duration is, respectively, the fee set out above for an explosives certificate, or a renewal of two years’ duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

d

of more than three years but less than four years’ duration is, respectively, the fee set out above for an explosives certificate, or a renewal of three years’ duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

e

of more than four years but less than five years’ duration is, respectively, the fee set out above for an explosives certificate, or a renewal of four years’ duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted.

PART 5Fees for applications under and replacements of licences under the 2014 Acetylene Regulations

1 (Purpose of application under the 2014 Acetylene Regulations)	2 (Person by whom the fee is payable)
Application for a licence for the manufacture of compressed acetylene gas, the compression of acetylene gas, the filling of a cylinder with compressed acetylene gas or any combination of those activities under regulation 6	Applicant
Application to renew a licence under regulation 6	Acetylene licensee
Application to vary a licence under regulation 6, including where the acetylene licensing authority proposes to vary or varies a licence without the consent of the acetylene licensee as permitted by regulation 9(5)(a) of the 2014 Acetylene Regulations	Acetylene licensee
Application to transfer a licence under regulation 6	Transferee of the acetylene licence
Replacement of any of the licences referred to in this Part if lost	Acetylene licensee

PART 6Fees payable in respect of applications for the granting of storage certificates and petrol licences under the Petroleum (Consolidation) Regulations 2014

1 (Provision of the Petroleum (Consolidation) Regulations 201414 under which a fee is payable)	2 (Purpose of application)	3 (Fee)
Regulation 6	Storage certificate, where premises to be used to store petrol of a quantity—
	not exceeding 2,500 litres	£48 for each year of certificate
	exceeding 2,500 litres but not exceeding 50,000 litres	£65 for each year of certificate
	exceeding 50,000 litres	£137 for each year of certificate
Regulation 14	Licence to keep petrol of a quantity—
	not exceeding 2,500 litres	£48 for each year of certificate
	exceeding 2,500 litres but not exceeding 50,000 litres	£65 for each year of certificate
	exceeding 50,000 litres	£137 for each year of certificate

11

1

A fee is payable to the appropriate authority by the person referred to in column 2 of the table in Schedule 8, for the performance by or on behalf of the appropriate authority of such functions as are conferred on it for the purpose specified in column 1 of that table.

2

Where a fee is payable under paragraph (1), the fee is payable—

a

in relation to applications for new licences, prior to notification of the result of the application;

b

for existing licences, within 30 days from—

i

the date on which the variation of the licence takes effect; or

ii

if the licence is not varied or the fee relates to the grant of an exemption, the date of the invoice given to the relevant licensee in respect of that fee.

3

A fee is payable by the explosives licensee to the appropriate authority for the performance by or on behalf of the appropriate authority, or by an inspector appointed by it, of the functions specified in paragraph (4).

4

The functions referred to in paragraph (3) are any functions conferred on the appropriate authority or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against that explosives licensee.

5

For the purposes of this regulation and Schedule 8—

• “appropriate authority” has the same meaning as in regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 201615;

• “explosives licensee” has the meaning given in regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016.

SCHEDULE 8Fees in relation to Part 5 of the Dangerous Goods in Harbour Areas Regulations 2016

Regulation 11

1 (Type of work)	2 (Person by whom the fee is payable)
Grant of an explosives licence under Part 5 of the Dangerous Goods in Harbour Areas Regulations 2016	Applicant
Altering or proposing to alter the terms of an existing explosives licence under Part 5 of the Dangerous Goods in Harbour Areas Regulations 2016, including where the appropriate authority proposes to alter or alters an explosives licence without an application as permitted by regulation 16(2) or 17(2) of those Regulations	Explosives licensee
Granting of an exemption under regulation 28 of the Dangerous Goods in Harbour Areas Regulations 2016 to any requirement or prohibition imposed by or under Part 5 of those Regulations	Explosives licensee
Varying name of licensee or address of site	Explosives licensee

Fees payable in respect of boreholes and onshore oil, gas and geothermal well and borehole operations14A

1

Subject to paragraph (2), a fee is payable to the Executive by the person referred to in column 2 of Schedule 14 for the performance by the Executive of such functions conferred on it under the 1995 Regulations as are specified in column 1 of that Schedule.

2

No fee is payable under paragraph (1) for the performance by the Executive of the functions specified in column 1 of Schedule 14 to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to the Control of Major Accident Hazards Regulations 2015.

3

Subject to paragraph (7), a fee is payable to the Executive by a borehole site operator of a borehole site that is located onshore, or a well operator of a well that is located onshore, for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (4).

4

The functions referred to in paragraph (3) are any functions conferred on the Executive or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against one or more of the following—

a

the borehole site operator of a borehole site; or

b

the well operator of a well; or

c

a contractor in relation to any work carried out by that contractor on or in connection with that borehole site or well.

5

Subject to paragraph (7), a fee is payable to the Executive by a geothermal operator of a geothermal well or borehole operation that is located onshore, for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (6).

6

The functions referred to in paragraph (5) are any functions conferred on the Executive or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against one or more than one of the following—

a

the geothermal operator of a geothermal well or borehole operation; or

b

a contractor in relation to any work carried out by that contractor on or in connection with that geothermal well or borehole operation.

7

No fee is payable under paragraphs (3) and (5) for the performance by the Executive of any of the functions referred to in Schedule 14 to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to paragraph (1).

8

For the purposes of this regulation and Schedule 14—

• “the 1995 Regulations” means the Borehole Sites and Operations Regulations 199516;

• “borehole site” and “borehole site operator” have the meanings given in regulation 2 of the 1995 Regulations;

• “geothermal well or borehole” means any well or borehole that is drilled or converted for the purposes of the discovery or commercial production of geothermal resources and is either—

  1. a

     a well or borehole that is deeper than 500 metres;

  2. b

     a well or borehole that is deeper than 30 metres and within a mining area as defined in regulation 2(1) of the 1995 Regulations;

  3. c

     a well that is reasonably presumed to contain geothermal resources; or

  4. d

     a well, decommissioned or otherwise, that has been used in connection with the exploitation or production of petroleum and is, or will be, converted or reactivated for use in connection with the production of geothermal resources or employed for reinjecting geothermal resources.

• “geothermal well or borehole operation” means an activity or operation in the course or furtherance of, or in connection with the cessation of—

  1. a

     the drilling of a geothermal well or borehole, including the recommencement of drilling after a geothermal well or borehole has been completed, suspended or abandoned by plugging at the surface; or

  2. b

     any other operation on a geothermal well or borehole which would make a significant alteration to it, or involve a risk of the accidental release of fluids from that geothermal well or borehole;

• “geothermal operator” means, in relation to a geothermal well or borehole, the person appointed in writing by the owner to exercise for the time being the function of organising or supervising geothermal well or borehole operations at the site, where that function involves the exercise of overall control of the geothermal well or borehole operation, or where for the time being there is no such person, the owner;

• “onshore” means—

  1. a

     for the purposes of a borehole site or well, on land in Great Britain, or

  2. b

     for the purposes of a geothermal well and borehole, on land in Great Britain or within territorial waters;

• “owner” means, in relation to a geothermal well or borehole operation, the person who has the right to undertake the geothermal well or borehole operation which is being or is to be undertaken at the site;

• “petroleum”, “well” and “well operator” have the meanings given in regulation 2 of the Offshore Installations and Wells (Design and Construction etc) Regulations 199617

• “territorial waters” means United Kingdom territorial waters adjacent to Great Britain and “within territorial waters” includes on, over and under them.