The Health and Safety (Fees) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations update and replace the Health and Safety (Fees) Regulations 1996 (S.I. 1996/2791). They fix or determine the fees payable by an applicant to the Health and Safety Executive in respect of an application made for—

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

(b) an approval of certain respiratory protective equipment (regulation 3 and Schedule 2);

(c) an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 4 and Schedule 3);

(d) an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 5 and Schedule 4);

(e) a licence under the Asbestos (Licensing) Regulations 1983 (regulation 6 and Schedule 5);

(f) an approval of dosimetry services and type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985 (regulation 9 and Schedule 8);

(g) an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments thereunder, for a licence under the Petroleum (Consolidation) Act 1928 or for the classification of an article, substance, combination, or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 10 and Schedule 9);

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

and in respect of—

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

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

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

2.  The Regulations also update the fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 7 and 8 and Schedules 6 and 7).

3.  The Regulations update maximum fees which may be charged under the Explosives Act 1875, the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 (Regulation 10(2) and Schedule 9, Part II).

4.  The Regulations do not apply to Northern Ireland.

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

Provision of these Regulations which fixes or determines the fees	Previous Fee			New Fee
Schedule 1	Original approval	Amendment of approval	Renewal of approval	Original approval	Amendment of approval	Renewal of approval
Part I
Approval of breathing apparatus	£1,077	£538	£56	£1,298	£649	£56
Approval of dust respirators	Reasonable cost to the Executive of having the work carried out
Approval of explosives	£199	£137	£56	£199	£137	£56
Approval of locomotive or other vehicle	£2,131	£558	£56	£2,552	£647	£56
Approval of electrical equipment for use in potentially gassy zones	£660	£431	£56	£789	£506	£56
Approval of methanometers	£317	£203	£56	£364	£223	£56
Approval of electric safety lamps	£317	£203	£56	£364	£223	£56
Approval of other types of apparatus essential for safety	£161	£161	£56	£187	£187	£56
Part II
Ballistic pendulum shot		£70			£93
Break test shot		£100			£143
Deflagration		£75			£110
Detonator test (per 100 shots)		£670			£900
Detonator delay time test (per 100 shots)		£485			£690
Gallery shot		£133			£172
Mortar shot		£69			£92
Velocity of detonation test (per 3 shots)		£182			£274
Part III
Other testing not fixed in Parts I and II	Reasonable cost to the Executive of having the work carried out
Schedule 2
Approval of respiratory protective equipment	Reasonable cost to the Executive of having the work carried out
Schedule 3
Original approval of tractor cab		£248			£269
Revision of an existing approval of a tractor cab		£140			£148
Schedule 4
Approval of scheme or programme for examination of freight containers		£75			£75
Schedule 5
Licence for work with asbestos insulation or asbestos coating or renewal of licence		£362			£362

	Basic	X-Rays	Laboratory tests	Basic	X-Rays	Laboratory tests
Schedule 6
The Ionising Radiations Regulations 1985 (a) where surveillance is confined to examination of, and making entries in, records	£24.90	46.50	£27.90	£26	£47	£28
(b) in other cases	£40.60	£46.50	£27.90	£42	£47	£28
Control of Asbestos at Work Regulations 1987	£45.65	£46.50	£27.90	£46.50	£47	£28
Control of Substances Hazardous to Health Regulations 1994	£45.65	£46.50	£27.90	£46.50	£47	£28
The Work in Compressed Air Regulations 1996	£43.65	£46.50	£27.90	£43.65	£47	£28
Schedule 7
On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment).	£47			£47
On each subsequent assessment of an employee—	(i) for laboratory tests where these are carried out	£27.90			£28
(ii) for a clinical medical examination where this is carried out	£28			£29

Provision of these Regulations which fixes or determines the fees	Previous Fee	New Fee
Schedule 8
Group I
Dose record keeping where the application is solely in respect of Group I function	£60 plus £39.45 per hour worked by Nuclear or Specialist Inspector	£96 plus £46.21 per hour worked by Nuclear or Specialist Inspector
Dose record keeping where the application for Group I functions is linked to an application for approval in another group	£60 plus £39.45 per hour worked by Nuclear or Specialist Inspector	£96 plus £46.21 per hour worked by Nuclear or Specialist Inspector
Group II
External dosimetry	£60 plus £39.45 per hour worked by Nuclear or Specialist Inspector	£96 plus £46.21 per hour worked by Nuclear or Specialist Inspector
Group III
Internal dosimetry (a) Bio-assay or in-vivo monitoring or air sampling	£60 plus £39.45 per hour worked by Nuclear or Specialist Inspector	£96 plus £46.21 per hour worked by Nuclear or Specialist Inspector
(b) for each additional technique	£60 plus £38.17 per hour worked by Nuclear or Specialist Inspector	£96 plus £46.21 per hour worked by Nuclear or Specialist Inspector
Type approval of a radiation generator or an apparatus containing a radioactive substance under sub-paragraph (f) or (g) respectively of Schedule 3 to the Ionising Radiations Regulations 1985	£97 plus £38.17 per hour worked by Nuclear or Specialist Inspector	£99 plus £46.21 per hour worked by Nuclear or Specialist Inspector
Schedule 9 Part I
Factory licence	£455.25 plus £38.17 per hour worked by Specialist Inspector	£522 plus £40.05 per hour worked by Specialist Inspector
Magazine licence	£455.25 plus £38.17 per hour worked by Specialist Inspector	£552 plus £40.05 per hour worked by Specialist Inspector
Factory amending licence	£178.50 plus £38.17 per hour worked by Specialist Inspector	£214 plus £40.05 per hour worked by Specialist Inspector
Magazine amending licence	£178.50 plus £38.17 per hour worked by Specialist Inspector	£214 plus £40.05 per hour worked by Specialist Inspector
Replacement of one of the above licences if lost	£24	£25
Licence for importation of compressed acetylene	£16.20 plus £38.17 per hour worked by Specialist Inspector	£16.70 plus £40.05 per hour worked by Specialist Inspector
Replacement of the above licence if lost	£24	£25
Amendment to an existing licence	£16.20 plus £38.17 per hour worked by Specialist Inspector	£16.70 plus £40.05 per hour worked by Specialist Inspector
Part II
A store licence	£62	£63.70
Renewal of a store licence	£62	£63.70
Registration and renewal of registration of premises for the keeping of explosives with a local authority	£10.60	£10.90
Licence to keep petroleum spirit of a quantity—
not exceeding 2,500	£29.60 for each year of licence	£30.40 for each year of licence
litres exceeding 2,500 litres but not exceeding 50,000 litres	£43.75 for each year of licence	£45 for each year of licence
exceeding 50,000 litres	£86.05 for each year of licence	£88.40 for each year of licence
Transfer of petroleum spirit licence	£7.05	£7.20
Part III
Original approval of premises in which acetylene is to be manufactured or kept	£16.20 plus £38.17 per hour worked by Specialist Inspector	£16.70 plus £40.05 per hour worked by Specialist Inspector
Amendment of an approval of premises in which acetylene is to be manufactured or kept	£16.20 plus £38.17 per hour worked by Specialist Inspector	£16.70 plus £40.05 per hour worked by Specialist Inspector
Approval of apparatus in which acetylene is to be manufactured or kept	£16.20 plus £38.17 per hour worked by Specialist Inspector	£16.70 plus £40.05 per hour worked by Specialist Inspector
Part IV
Comparison of a porous substance with a sample porous substance	£28.65	£30
Original approval of premises in which acetylene is compressed	£16.20 plus £38.17 per hour worked by Specialist Inspector	£16.70 plus £40.05 per hour worked by Specialist Inspector
Amendment of an approval of premises in which acetylene is compressed	£16.20 plus £38.17 per hour worked by Specialist Inspector	£16.70 plus £40.05 per hour worked by Specialist Inspector
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	£70.30 plus £38.17 per hour worked by Specialist Inspector	£133
Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967	£151.75 plus £38.17 per hour worked by Specialist Inspector	£162 plus £40.05 per hour worked by Specialist Inspector
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
Schedule 10
Grant of an explosives licence or alteration of the terms of an existing explosives licence	£320 plus £38.17 per hour worked	£390 plus £38.17 per hour worked
Schedule 11
Vocational training certificates under regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996	£2.80	£2.80
Schedule 12
Genetically Modified Organisms (Contained Use) Regulations 1992
Notification of intention to use premises for activities involving genetic modification for the first time under regulation 8 other than a case where a consent is required under regulation 8(3)	£54.50	£111
Notification of intention to use premises for activities involving genetic modification for the first time, where a consent is required under regulation 8(3)	£58.90	£111
Notification of individual activities involving genetic modification under regulation 9, other than in a case where a consent is required under regulation 9(5)	£62.40	£125
Notification of individual activities involving genetic modification where a consent is required under regulation 9(5)	£120.20	£240
Schedule 13
Notification of New Substances Regulations 1993
For the evaluation of a notification under regulation 4 (“base set”) (see note 1)	£6,090 plus £350 VAT	£6,090 plus £350 VAT
For the evaluation of a notification under regulation 5(1)(a) (>10 tonnes per year)	£2,000	£2,000
For the evaluation of a notification under regulation 5(1)(b) (>100 tonnes per year)	£4,200	£4,200
For the evaluation of a notification under regulation 5(1)(c) (>1000 tonnes per year)	£3,500	£3,500
For a notification under regulation 6 (see note 2)— (a) quantity of the new substance equal to or more than 100kg (regulation 6(1))	£1,170 plus £87.50 VAT	£1,170 plus £87.50 VAT
(b) quantity of the new substance up to 100kg (regulation 6(2))	£915 plus £87.50 VAT	£915 plus £87.50 VAT
For an application made by a notifier for an exemption relating to him under regulation 23	£2,000	£2,000
Note 1. Rebate where an adequate draft risk assessment is included	£2,000 plus £350 VAT	£2,000 plus £350 VAT
Note 2. Rebate where an adequate draft risk assessment is included	£500 plus £87.50 VAT	£500 plus £87.50 VAT