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The Health and Safety (Fees) Regulations 2002
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- Offerynnau Statudol y Deyrnas Unedig
- 2002 No. 655
- Explanatory Note
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Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol). This item of legislation is currently only available in its original format.
Explanatory Note
(This note is not part of the Regulations)
1. These Regulations update and replace the Health and Safety (Fees) Regulations 2001 (S.I. 2001/2626). 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 or type approval of apparatus under the Ionising Radiations Regulations 1999 (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, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, or for the classification of an article, substance, combination or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 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);
(i)an approval under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 14 and Schedule 12);
(j)an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 23 and 25 and Schedule 19);
(k)an approval under the Offshore Installations and Pipelines Works (First-Aid) Regulations 1989 (regulations 24 and 25 and Schedule 20);
and in respect of—
(l)a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 13 and Schedule 11);
(m)a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (regulation 15 and Schedule 13);
(n)a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 17 and Schedule 14);
(o)a notification or application under the Notification of New Substances Regulations 1993 (regulation 18 and Schedule 15).
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 7 and 8 and Schedules 6 and 7).
3. The Regulations fix or determine the fees payable by specified persons in the offshore, rail and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 19 to 22 and Schedules 16 to 18).
4. Besides the increases for fixed fees which are indicated in the table below, the main changes made by these Regulations are the following.
5. The fee for an application for the classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 or for an authorisation of an explosive under section 40(9) of the Explosives Act 1875 is now of a fixed amount instead of being the reasonable cost to the Executive of having the work carried out (regulation 10(4) and (5) and Part V of Schedule 9).
6. The fees to be paid under regulation 14 and Schedule 12 (applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996) are no longer of a fixed amount, but are now to be the reasonable cost to the Secretary of State of having the work carried out.
7. There is a lower fee for the evaluation of a notification under regulation 4 of the Notification of New Substances Regulations 1993 in the case of a substance which has already been notified under those Regulations or notified to a competent authority of a European Community member State, than for an evaluation of a notification under regulation 4 where there has been no such earlier notification. There is now also specific provision for the fee for the evaluation of a notification under regulation 6(1) or (2) of those Regulations in the case of polymers of certain amounts for which a reduced test package is acceptable (regulation 18 and Schedule 15).
8. These Regulations introduce fixed fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulation 24 and Schedule 20). Supplementary provisions are included with respect to these fees and fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981 which provide for repayment of an amount of fees in certain situations (regulation 25). A copy of the regulatory impact assessment prepared in respect of these new provisions for fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 can be obtained from the Health and Safety Executive, Economic Adviser’s Unit, Rose Court, 2 Southwark Bridge, London, SE1 9HS. A copy has been placed in the library of each House of Parliament.
9. The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows:
| Provision of these Regulations which fixes or determines the fees | Previous Fee | New Fee | Percentage Increase | ||||||
|---|---|---|---|---|---|---|---|---|---|
| Original approval | Amendment of approval | Renewal of approval | Original approval | Amendment of approval | Renewal of approval | Original approval | Amendment of approval | Renewal of approval | |
| Schedule 1 | |||||||||
| Part I | |||||||||
| Approval of breathing apparatus | £1,835 | £920 | £65 | £1,880 | £940 | £67 | 2.45 | 2.17 | 3.08 |
| Approval of dust respirators | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | — | — | — | ||||
| Approval of explosives | £275 | £190 | £65 | £280 | £195 | £67 | 1.82 | 2.63 | 3.08 |
| Approval of locomotive or other vehicle | £3,580 | £910 | £65 | £3,670 | £930 | £67 | 2.51 | 2.20 | 3.08 |
| Approval of electrical equipment for use in potentially gassy zones | £1,110 | £715 | £65 | £1,140 | £730 | £67 | 2.70 | 2.10 | 3.08 |
| Approval of methanometers | £510 | £310 | £65 | £520 | £320 | £67 | 1.96 | 3.23 | 3.08 |
| Approval of electric safety lamps | £510 | £310 | £65 | £520 | £320 | £67 | 1.96 | 3.23 | 3.08 |
| Approval of other types of apparatus essential for safety | £265 | £265 | £65 | £270 | £270 | £67 | 1.89 | 1.89 | 3.08 |
| Part II | |||||||||
| Ballistic pendulum shot | £130 | £135 | 3.85 | ||||||
| Break test shot | £210 | £215 | 2.38 | ||||||
| Deflagration | £165 | £170 | 3.03 | ||||||
| Detonator test (per 100 shots) | £1,280 | £1,315 | 2.73 | ||||||
| Detonator delay time test (per 100 shots | £1,015 | £1,040 | 2.46 | ||||||
| Gallery shot | £240 | £245 | 2.08 | ||||||
| Mortar shot | £130 | £135 | 3.85 | ||||||
| Velocity of detonation test (per 3 shots) | £415 | £425 | 2.41 | ||||||
| Part III | |||||||||
| Other testing not fixed in Part II | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | — | ||||||
| Schedule 2 | |||||||||
| Approval of respiratory protective equipment | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | — | ||||||
| Schedule 3 | |||||||||
| Original approval of tractor cab | £390 | £400 | 2.56 | ||||||
| Revision of an existing approval of a tractor cab | £215 | £220 | 2.33 | ||||||
| Schedule 4 | |||||||||
| Approval of scheme or programme for examination of freight containers | £75 | £77 | 2.67 | ||||||
| Schedule 5 | |||||||||
| Licence for work with asbestos insulations, asbestos coating or asbestos insulating board or renewal of licence | £615 | £738 | 20 | ||||||
| Basic | X-Rays | Laboratory tests | Basic | X-Rays | Laboratory tests | Basic | X-Rays | Laboratory tests | |
| Schedule 6 | |||||||||
| The Ionising Radiations Regulations 1999 | |||||||||
(a)where surveillance is confined to examination of, and making entries in, records | £29 | £56 | £33 | £30 | £58 | £34 | 3.45 | 3.57 | 3.03 |
(b)in other cases | £52 | £56 | £33 | £57 | £58 | £34 | 9.62 | 3.57 | 3.03 |
| Control of Asbestos at Work Regulations 1987 | £54 | £56 | £33 | £57 | £58 | £34 | 5.56 | 3.57 | 3.03 |
| Control of Substances Hazardous to Health Regulations 1999 | £54 | £56 | £33 | £57 | £58 | £34 | 5.56 | 3.57 | 3.03 |
| The Work in Compressed Air Regulations 1996 | £54 | £56 | £33 | £57 | £58 | £34 | 5.56 | 3.57 | 3.03 |
| Schedule 7 | |||||||||
| On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment) | £56 | £57 | 1.79 | ||||||
| On each subsequent assessment of an employee— | |||||||||
(i)for laboratory tests where these are carried out | £33 | £34 | 3.03 | ||||||
(ii)for a clinical medical examination where this is carried out | £33 | £34 | 3.03 | ||||||
| Schedule 8 | |||||||||
| Group I | Fee | Hourly rate | |||||||
| Dose record keeping where the application is solely in respect of Group I function | £156 plus £72 per hour worked by Nuclear or Specialist Inspector | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | 19.87 | 19.44 | |||||
| Dose record keeping where the application for Group I functions is linked to an application for approval in another group | £156 plus £72 per hour worked by Nuclear or Specialist Inspector | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | 19.87 | 19.44 | |||||
| Group II | |||||||||
| External dosimetry | £156 plus £72 per hour worked by Nuclear or Specialist Inspector | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | 19.87 | 19.44 | |||||
| Group III | |||||||||
| Internal dosimetry | |||||||||
(a)Bio-assay or in-vivo monitoring or air sampling | £156 plus £72 per hour worked by Nuclear or Specialist Inspector | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | 19.87 | 19.44 | |||||
(b)for each additional technique | £156 plus £72 hour per worked by Nuclear or Specialist Inspector | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | 19.87 | 19.44 | |||||
| Type approval of apparatus under sub-paragraph 1(c)(i) or 1(d)(i) respectively of Schedule 1 to the Ionising Radiations Regulations 1999 | £110 plus £72 per hour worked by Nuclear or Specialist Inspector | £113 plus £86 per hour worked by Nuclear or Specialist Inspector | 2.73 | 19.44 | |||||
| Schedule 9 | |||||||||
| Part 1 | |||||||||
| Factory licence | £430 plus £66 per hour worked by Specialist Inspector | £516 plus £79 per hour worked by Specialist Inspector | 20 | 19.70 | |||||
| Magazine licence | £430 plus £66 per hour worked by Specialist Inspector | £516 plus £79 per hour worked by Specialist Inspector | 20 | 19.70 | |||||
| Factory amending licence | £310 plus £66 per hour worked by Specialist Inspector | £372 plus £79 per hour worked by Specialist Inspector | 20 | 19.70 | |||||
| Magazine amending licence | £310 plus £66 per hour worked by Specialist Inspector | £372 plus £79 per hour worked by Specialist Inspector | 20 | 19.70 | |||||
| Replacement of the above licences if lost | £39 | £46 | 17.95 | — | |||||
| Licence for importation of compressed acetylene | £26 plus £66 per hour worked by Specialist Inspector | £31 plus £79 per hour worked by Specialist Inspector | 19.23 | 19.70 | |||||
| Replacement of the above licence if lost | £26 | £31 | 19.23 | — | |||||
| Amendment to an existing licence | £26 plus £66 per hour worked by Specialist Inspector | £31 plus £79 per hour worked by Specialist Inspector | 19.23 | 19.70 | |||||
| Part II | |||||||||
| A store licence | £69 | £71 | 2.90 | — | |||||
| Renewal of a store licence | £69 | £71 | 2.90 | — | |||||
| Registration and renewal of registration of premises for the keeping of explosives with a local authority | £12 | £13 | 8.33 | — | |||||
| Licence to keep petroleum spirit of a quantity— | |||||||||
| £33 for each year of licence | £34 for each year of licence | 3.03 | — | |||||
| £48 for each year of licence | £49 for each year of licence | 2.08 | — | |||||
| £95 for each year of licence | £97 for each year of licence | 2.11 | — | |||||
| Transfer of petroleum spirit licence | £8 | £8 | — | — | |||||
| Part III | |||||||||
| Original approval of premises in which acetylene is to be manufactured or kept | £26 plus £66 per hour worked by Specialist Inspector | £31 plus £79 per hour worked by Specialist Inspector | 19.23 | 19.70 | |||||
| Amendment of an approval of premises in which acetylene is to be manufactured or kept | £26 plus £66 per hour worked by Specialist Inspector | £31 plus £79 per hour worked by Specialist inspector | 19.23 | 19.70 | |||||
| Approval of apparatus in which acetylene is to be manufactured or kept | £26 plus £66 per hour worked by Specialist inspector | £31 plus £79 per hour worked by Specialist inspector | 19.23 | 19.70 | |||||
| Part IV | |||||||||
| Comparison of a porous substance with a sample porous substance | £48 | £57 | 18.75 | — | |||||
| Original approval of premises in which acetylene is compressed | £26 plus £66 per hour worked by Specialist inspector | £31 plus £79 per hour worked by Specialist inspector | 19.23 | 19.70 | |||||
| Amendment of an approval of premises in which acetylene is compressed | £26 plus £66 per hour worked by Specialist inspector | £31 plus £79 per hour worked by Specialist inspector | 19.23 | 19.70 | |||||
| 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 | Reasonable cost to the Executive of having the work carried out | £55 per hour worked | — | — | |||||
| Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967 | £190 plus £66 per hour worked by Specialist inspector | £195 plus £79 per hour worked by Specialist inspector | 2.63 | 19.70 | |||||
| Testing in connection with specified applications in Parts I, III, IV or V | Reasonable cost to the Executive of having the test 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 | £550 plus £66 per hour worked | £565 plus £79 per hour worked | 2.73 | 19.70 | |||||
| Schedule 11 | |||||||||
| Vocational training certificates under regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 | £2.90 | £3 | 3.45 | — | |||||
| Schedule 12 | |||||||||
| Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 | |||||||||
| Approval of training | £1,025 | Reasonable cost to the Secretary of State of having the work carried out | — | — | |||||
| For approval of a refresher course under regulation 4(6)(a) | £1,025 | Reasonable cost to the Secretary of State of having the work carried out | — | — | |||||
| Fee for renewal of approval | £615 | Reasonable cost to the Secretary of State of having the work carried out | — | — | |||||
| Schedule 13 | |||||||||
| Vocational training certificates under regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 | Reasonable cost to the Secretary of State or the person designated by him for the purpose of issuing vocational training certificates of having the work carried out | Reasonable cost to the Secretary of State or the person designated by him for the purpose of issuing vocational training certificates of having the work carried out | — | — | |||||
| Schedule 14 | |||||||||
| Genetically Modified Organisms (Contained Use) Regulations 2000 | |||||||||
| Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) | £230 | £240 | 4.35 | — | |||||
| Notification of an activity involving genetic modification in class 2 under regulation 10(1), except a notification to which paragraph 4(1) or paragraph 5(1) or Schedule 10 applies | £440 | £480 | 9.09 | — | |||||
| Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 2 under regulation 10(1) | £440 | £480 | 9.09 | — | |||||
| Notification of an activity involving genetic modification in class 3 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies | £475 | £520 | 9.47 | — | |||||
| Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 3 under regulation 11(1) | £475 | £520 | 9.47 | — | |||||
| Notification of an activity involving genetic modification in class 4 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies | £550 | £600 | 9.09 | — | |||||
| Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 4 under regulation 11(1) | £550 | £600 | 9.09 | — | |||||
| Notification of an activity involving genetic modification or organisms other than micro-organisms under regulation 12(1) | £440 | £480 | 9.09 | — | |||||
| Notification of the intention to use premises for the purpose of undertaking genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1) | £440 | £480 | 9.09 | — | |||||
| Notification of an additional information under regulation 15(3) | £330 | £360 | 9.09 | — | |||||
| Application for the written agreement of the competent authority under regulation 18(2) where the application is made after a notification has been submitted pursuant to regulation 9(1), 10(1), 11(1) or 12(1) | £330 | £360 | 9.09 | — | |||||
| Schedule 15 | |||||||||
| Notification of New Substances Regulations 1993 | |||||||||
| For the evaluation of a notification under regulation 4 (“base set”) | £4,630 | £4,630 | — | — | |||||
| Additional fee to the fee above for the evaluation of a notification under regulation 4 where there is no adequate risk assessment | £2,220 plus £388.50 VAT | £2,220 plus £388.50 VAT | — | — | |||||
| For the evaluation of a notification under regulation 5(1)(a) (>10 tonnes per year) | £2,250 | £2,430 | 8.00 | — | |||||
| For the evaluation of a notification under regulation 5(1)(b) (>100 tonnes per year) | £4,730 | £4,780 | 1.06 | — | |||||
| For the evaluation of a notification under regulation 5(1)(c) (>1,000 tonnes per year) | £3,935 | £3,350 | (14.87 decrease) | — | |||||
| For a notification under regulation 6— | |||||||||
(a)quantity of the new substance equal to or more than 100 kg (regulation 6(1)) | £780 | £935 | 19.87 | — | |||||
(b)quantity of the new substance up to 100 kg (regulation 6(2)) | £495 | £590 | 19.19 | — | |||||
| Additional fee to the fee above for the evaluation of a notification under regulation 6 where there is no adequate risk assessment— | |||||||||
(a)quantity of the new substance equal to or more than 100 kg (regulation 6(1)) | £540 plus £94.50 VAT | £540 plus £94.50 VAT | — | — | |||||
(b)quantity of the new substance up to 100 kg (regulation 6(2)) | £540 plus £94.50 VAT | £540 plus £94.50 VAT | — | — | |||||
| For an application made by a notifier for an exemption relating to him under regulation 23 | £2,250 | £2,430 | 8.00 | — | |||||
| Schedule 16 | |||||||||
| Offshore installations | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | — | — | |||||
| Schedule 17 | |||||||||
| Railway functions | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | — | — | |||||
| Schedule 18 | |||||||||
| Gas safety functions | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | — | — | |||||
| Schedule 19 | |||||||||
| Part I | Fee for original approval £870 | Fee for an additional site-visit£310 | Fee for renewal of approval£60 | Fee for original approval£890 | Fee for an additional site-visit£320 | Fee for renewal of approval £62 | 2.30 | 3.23 | 3.33 |
| Part II | Fee for initial site visit£345 | Fee for any additional site-visit£310 | Fee for initial site visit£355 | Fee for any additional site-visit£320 | 2.90 | 3.23 | |||
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