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Regulation 54

SCHEDULE 12AMENDMENTS TO THE HEALTH AND SAFETY (FEES) REGULATIONS (NORTHERN IRELAND) 2005

1.  The Health and Safety (Fees) Regulations (Northern Ireland) 2005(1) shall be amended in accordance with paragraphs 2 to 5.

2.  For regulations 11 to 13 there shall be substituted the following regulation—

Fees for certificates and applications for approvals under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006

11.(1) A driver may only be issued with a driver training certificate in accordance with regulation 32 of the Carriage Regulations where a fee of the sum specified in Schedule 8 has been paid to the Northern Ireland competent authority.

(2) The validity of a driver training certificate may only be extended in accordance with regulation 33(6)(c) of the Carriage Regulations where, within the period of twelve months which precede the expiry of the original certificate or of an extension of it granted in accordance with that regulation, a fee of the sum specified in Schedule 8 has been paid to the Northern Ireland competent authority.

(3) A fee shall be payable by the applicant to the Northern Ireland competent authority on each application for an original approval or a renewal of any approval of initial or refresher training in accordance with sub-section 8.2.2.6 of ADR pursuant to regulation 24(1) of the Carriage Regulations.

(4) The fee payable under paragraph (3) on application for such approval as is mentioned in column 1 of Schedule 9 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule.

(5) An individual may only be issued with a safety adviser vocational training certificate in accordance with regulation 32 of the Carriage Regulations where a fee as specified in Schedule 10 has been paid to the Northern Ireland competent authority or the person designated by it for the purpose of issuing safety adviser vocational training certificates.

(6) The validity of a safety adviser vocational training certificate may only be extended in accordance with regulation 32(5)(c) of the Carriage Regulations where, within the period of twelve months which precede the expiry of the original certificate or an extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 10 has been paid to the Northern Ireland competent authority or the person designated by it for the purpose of issuing safety adviser vocational training certificates.

(7) Nothing in paragraphs (1), (2), (5) and (6) shall be construed as making a fee payable by a person in any of the capacities specified in Article 40(4) of the 1978 Order.

(8) In this regulation “the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006(2) and “Northern Ireland competent authority” has the same meaning as in those Regulations.

3.  For Schedule 8 there shall be substituted the following schedule—

Regulation 11(1) and (2)

SCHEDULE 8FEE FOR DRIVER TRAINING CERTIFICATE UNDER THE CARRIAGE REGULATIONS

(1)(2)
DescriptionFee
Issue or extension of driver training certificate£3

4.  For Schedule 9 there shall be substituted the following schedule—

Regulation 11(3) and (4)

SCHEDULE 9FEES FOR APPLICATIONS FOR APPROVALS UNDER THE CARRIAGE REGULATIONS

(1)(2)(3)
Purpose of applicationFee for an original approvalFee for renewal of approval

(a)for approval of initial training

the reasonable cost to the Northern Ireland competent authority of having the work carried out

(b)for approval of refresher training

the reasonable cost to the Northern Ireland competent authority of having the work carried out

5.  For Schedule 10 there shall be substituted the following schedule—

Regulation 11(5) and (6)

SCHEDULE 10FEE FOR SAFETY ADVISER VOCATIONAL TRAINING CERTIFICATE UNDER THE CARRIAGE REGULATIONS

(1)(2)
DescriptionFee
Issue or extension of safety adviser vocational training certificatethe reasonable cost to the Northern Ireland competent authority, or the person designated by it for the purpose of issuing safety adviser vocational training certificates, of having the work carried out