Health and Safety (Fees) Regulations 2004 No. 456

Regulation 9

SCHEDULE 8 FEES PAYABLE UNDER THE EXPLOSIVES ACT 1875 AND INSTRUMENTS MADE THEREUNDER, UNDER THE PETROLEUM (CONSOLIDATION) ACT 1928, THE PETROLEUM (TRANSFER OF LICENCES) ACT 1936 AND THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983

PART 1 APPLICATIONS FOR FACTORY LICENCES, MAGAZINE LICENCES, ACETYLENE IMPORTATION LICENCES AND AMENDING LICENCES UNDER SECTIONS 6, 12 AND 40(9) OF THE EXPLOSIVES ACT 1875 AND REPLACEMENT OF SUCH LICENCES

1	2	3	4
Provisions under which a licence is granted	Purpose of application	Fee	Fee for work by specialist inspector
Explosives Act 1875 c. 17
Section 6 (as applied to explosives other than gunpowder by sections 39 and 40)	Factory licence	£543	£111 per hour worked
	Magazine licence	£543	£111 per hour worked
	Replacement of one of the above licences if lost	£48
Section 12 (as applied to explosives other than gunpowder by sections 39 and 40)	Factory amending licence	£391	£111 per hour worked
	Magazine amending licence	£391	£111 per hour worked
	Replacement of one of the above licences if lost	£48
Section 40(9)(1) as applied to compressed acetylene by the Compressed Acetylene (Importation) Regulations 1978(2)	Licence for importation of compressed acetylene	£33	£111 per hour worked
	Replacement of the above licence if lost	£33
	Amendment to an existing licence	£33	£111 per hour worked

PART II FEE OR MAXIMUM FEE PAYABLE IN RESPECT OF APPLICATIONS FOR THE GRANTING AND RENEWAL OF AN EXPLOSIVES STORE LICENCE, THE REGISTRATION OR RENEWAL OF REGISTRATION OF PREMISES USED FOR KEEPING EXPLOSIVES AND THE GRANTING AND TRANSFER OF PETROLEUM-SPIRIT LICENCES

1	2	3
Provision under which a fee or maximum fee is payable	Purpose of application	Fee or maximum fee
Notes: 1. In the case of a solid substance for which by virtue of an Order in Council made under section 19 of the Petroleum (Consolidation) Act 1928 a licence is required, the fee payable under this Schedule shall be calculated as if one kilogram of the substance were equivalent to one litre. 2. The fee payable for a licence of more or less than one year’s duration shall be the fee set out above increased or decreased, as the case may be, proportionately according to the duration of the period for which the licence is granted or renewed.
Explosives Act 1875 c. 17(3)
Section 15	A store licence	£75
Section 18	Renewal of a store licence	£75
Section 21	Registration and renewal of registration of premises for the keeping of explosives with a local authority	£13
Petroleum (Consolidation) Act 1928 c. 32
Section 4 (see notes 1 and 2)	Licence to keep petroleum
	spirit of a quantity–
	not exceeding 2,500 litres	£36 for each year of licence
	exceeding 2,500 litres but not exceeding 50,000 litres	£51 each year of licence
	exceeding 50,000 litres	£102 for each year of licence
Petroleum (Transfer of Licences) Act 1936 c. 27
Section 1(4)	Transfer of petroleum spirit licence	£8

PART III APPLICATIONS UNDER PARAGRAPH (1) OF THE PROVISO TO ORDER IN COUNCIL (NO. 30) OF 2ND FEBRUARY 1937(4) FOR APPROVALS OF PREMISES AND APPARATUS IN WHICH ACETYLENE IS TO BE MANUFACTURED OR KEPT

1	2	2
Purpose of application	Fee	Fee for work by Specialist Inspector
(a) Original approval of premises in which acetylene is to be manufactured or kept	£33	£111 per hour worked
(b) Amendment of an approval of premises in which acetylene is to be manufactured or kept	£33	£111 per hour worked
(c) Approval of apparatus in which acetylene is to be manufactured or kept	£33	£111 per hour worked

PART IV APPLICATIONS FOR COMPARISONS AND APPROVALS IN RESPECT OF CONDITIONS (1) AND (8) IN THE ORDER OF THE SECRETARY OF STATE (NO. 9) OF 23RD JUNE 1919(5)

1	2	3
Purpose of application	Fee	Fee for work by Specialist Inspector
(a) Comparison of a porous substance with a sample porous substance	£59
(b) Original approval of premises in which acetylene is compressed	£33	£111 per hour worked
(c) Amendment of an approval of premises in which acetylene is compressed	£33	£111 per hour worked

PART V MISCELLANEOUS APPLICATIONS

1	2	3
Purpose of the application	Fee	Fee for work by Specialist Inspector
(a) Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983(6) or authorisation of an explosive under section 40(9) of the Explosives Act 1875(7)	£57 per hour worked
(b) Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967(8)	£205	£111 per hour worked

PART VI FURTHER FEES PAYABLE IN RESPECT OF CERTAIN TESTING REQUIRED BY THE HEALTH AND SAFETY EXECUTIVE

1	2
Purpose of application	Fee
(a) Application for a licence for the importation of compressed acetylene (Part I above)	the reasonable cost to the Executive of having the work carried out
(b) Approval of apparatus in which acetylene is to be manufactured or kept (Part III above)	ditto
(c) Comparison of a porous substance with a sample porous substance (Part IV above)	ditto
(d) 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 (Part V above)	ditto
(e) Application for a licence to manufacture explosives in pursuance of the Ammonium Nitrate Mixtures Exemption Order 1967 (Part V above)	ditto

(1)

Section 40(9) was amended by S.I. 1974/1885 and was applied to compressed acetylene by S.I. 1978/1723; the effect of section 40(9) of the Explosives Act 1875 (c. 17) in so far as it applied to acetylene by virtue of Order in Council (No. 30) dated 2nd February 1937 (S.R. & O. 1937/54) was saved by regulation 12 of, and Part I of Schedule 4 to, the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714).

(2)

S.I. 1978/1723, amended by S.I. 2001/1426.

(3)

Part 1 of the Explosives Act 1875 (which includes sections 15, 18 and 21) is applied to explosives other than gunpowder by sections 39 and 40 of that Act.

(4)

S.R. & O. 1937/54; relevant amending instruments are S.R. & O. 1947/805 and S.I. 1974/1885 and 1984/510.

(5)

S.R. & O. 1919/809, amended by S.I. 1974/1885 and 1984/510.

(6)

S.I. 1983/1140.

(7)

1875 c. 17; section 40(9) was modified by regulation 12, and Part I of Schedule 4 to, the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714).

(8)

S.I. 1967/1485.