Health and Safety (Fees) Regulations 2004

Regulation 2

SCHEDULE 1 FEES PAYABLE UNDER THE MINES AND QUARRIES PROVISIONSPART I

FEES FOR APPLICATIONS FOR APPROVAL OF SUBSTANCES UNDER THE MINES AND QUARRIES PROVISIONS

1	2	3	4
Subject matter of approval	Fee for an original approval	Fee for amendment of approval	Fee for renewal of approval
Approval of explosives	£294	£205	£71

PART II FEES FOR TESTING EXPLOSIVES AND DETONATORS UNDER THE MINES AND QUARRIES PROVISIONS

1	2
Test	Fee for test
(a) Break test shot	£226
(b) Deflagration shot	£179
(c) Detonator test (per 100 shots)	£1,383
(d) Detonator delay time test (per 100 shots)	£1,094
(e) Gallery shot	£258
(f) Velocity of detonation test (per 3 shots)	£447

PART III FEES FOR OTHER TESTING

The fee for any testing not fixed by Part II of this Schedule shall be the reasonable cost to the Executive of having the testing carried out.

Regulation 3

SCHEDULE 2 FEES FOR APPLICATIONS FOR APPROVAL UNDER THE AGRICULTURE (TRACTOR CABS) REGULATIONS 1974

1	2
Subject matter	Fee
(a) Original approval of tractor cab	£421
(b) Revision of an existing approval of a tractor cab	£232

Regulation 4

SCHEDULE 3 FEE FOR APPLICATION FOR APPROVAL UNDER THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS 1984

1	2
Subject matter	Fee
Approval of scheme or programme for examination of freight containers	£81

Regulation 5

SCHEDULE 4 FEES FOR VARIOUS APPLICATIONS UNDER THE ASBESTOS (LICENSING) REGULATIONS 1983

Table 1

1	2
Subject matter of licence	Fee
Licence for work with asbestos insulation or asbestos coating or asbestos insulating board or renewal of (original) licence	£909

Table 2

1	2	3
Fee for re-assessment of licence application	Fee for amendment of condition, or duration, of licence	Fee for other amendment, or replacement, of a licence
£251	£251	£67

Regulation 6

SCHEDULE 5 FEES FOR EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER

1	2	3	4	5
Provision	Reference	Basic fee	Additional fees where appropriate
			Fee for X-Rays	Fee for Laboratory tests
(a) The Ionising Radiations Regulations 1999	S.I.1999/3232	£32 where surveillance is confined to examination of, and making entries in, records £60 in other cases	£61	£36
(b) The Control of Asbestos at Work Regulations 2002	S.I.2002/2675	£60	£61	£36
(c) The Control of Substances Hazardous to Health 2002	S.I.2002/2677	£60	£61	£36
(d) The Work in Compressed Air Regulations 1996	S.I.1996/1656	£60	£61	£36

Regulation 7

SCHEDULE 6 FEES FOR MEDICAL SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER UNDER THE CONTROL OF LEAD AT WORK REGULATIONS 2002

1	2
Item	Fee
(a) On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment)	£60
(b) On each subsequent assessment of an employee—
(i) for laboratory tests where these are carried out	£36
(ii) for a clinical medical examination where this is carried out	£36

Regulation 8

SCHEDULE 7 FEES FOR VARIOUS APPLICATIONS IN CONNECTION WITH THE IONISING RADIATIONS REGULATIONS 1999 AND THE RADIATION (EMERGENCY PREPAREDNESS AND PUBLIC INFORMATION) REGULATIONS 2001

Table 1

1	2	3
Description	Fee	Fee for work by Nuclear or Specialist Inspector
Approval or reassessment of approval of Dosimetry Services granted under regulation 35 of the Ionising Radiations Regulations 1999 for the purposes of those Regulations
Group I
Dose record keeping
(a) Where the application is solely in respect of Group I functions	£269	£116 per hour worked
(b) Where the application for Group I functions is linked to an application in respect of functions in another group	£269	£116 per hour worked
Group II
External dosimetry
(a) Whole body (beta, gamma, thermal neutrons) film	£269	£116 per hour worked
(b) Whole body (beta, gamma, thermal neutrons) thermoluminescent dosemeter (TLD)	£269	£116 per hour worked
(c) Whole body (neutron), other than sub-groups (a) or (b)	£269	£116 per hour worked
(d) Whole body, other than sub-groups (a), (b), or (c)	£269	£116 per hour worked
(e) Extremity monitoring	£269	£116 per hour worked
(f) ccident dosimetry, other than in the previous sub-groups	£269	£116 per hour worked
Group III
Internal Dosimetry
(a) Bio-assay, in-vivo monitoring or air sampling	£269	£116 per hour worked
(b) For each additional one of the above techniques	£269	£116 per hour worked
Type approval of apparatus under sub-paragraph 1(c)(i) or 1(d)(i) of Schedule 1 to the Ionising Radiations Regulations 1999 (which excepts such type approved apparatus from the notification requirements of regulation 6 of those Regulations)	£119	£116 per hour worked

Table 2

1	2	3
Purpose of application	Fee	Fee for work by Nuclear or Specialist Inspector
Approval or reassessment of approval of Dosimetry Services granted under regulation 35 of the Ionising Radiations Regulations 1999 for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001	£1,641	£116 per hour worked

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

Regulation 11

SCHEDULE 9 FEES FOR APPLICATION FOR OR CHANGES TO AN EXPLOSIVES LICENCE UNDER PART IX OF THE DANGEROUS SUBSTANCES IN HARBOUR AREAS REGULATIONS 1987

1	2
Purpose of the application	Fee
Grant of an explosives licence or alteration of the terms of an existing explosives licence	£594 plus £111 per hour worked
Change of licence name or address	£48

Regulation 12

SCHEDULE 10 FEE FOR A VOCATIONAL TRAINING CERTIFICATE UNDER THE CARRIAGE OF DANGEROUS GOODS BY ROAD (DRIVER TRAINING) REGULATIONS 1996

1	2
Description	Fee
Issue or extension of vocational training certificate	£3

Regulation 13

SCHEDULE 11 FEES FOR APPLICATIONS FOR APPROVALS UNDER THE CARRRIAGE OF DANGEROUS GOODS BY ROAD (DRIVER TRAINING) REGULATIONS 1996

1	2	3
Purpose of application	Fee for an original approval	Fee for renewal of approval
(a) For approval of training	the reasonable cost to the Secretary of State of having the work carried out
(b) For approval of a refresher course	the reasonable cost to the Secretary of State of having the work carried out

Regulation 14

SCHEDULE 12 FEE FOR A VOCATIONAL TRAINING CERTIFICATE UNDER THE TRANSPORT OF DANGEROUS GOODS (SAFETY ADVISERS) REGULATIONS 1999

1	2
Description	Fee
Issue or extension of vocational training certificate	the 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

Regulation 16

SCHEDULE 13 FEES FOR NOTIFICATIONS AND APPLICATIONS UNDER THE GENETICALLY MODIFIED ORGANISMS (CONTAINED USE) REGULATIONS 2000

1	2
Description	Fee
(a) Notification of intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1)	£346
(b) 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) of Schedule 10 applies	£691
(c) 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)	£691
(d) 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	£749
(e) 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)	£749
(f) 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	£864
(g) 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 the notification of an activity involving genetic modification in class 4 under regulation 11(1)	£864
(h) Notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1)	£691
(i) 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 of organisms other than micro-organisms under regulation 12(1)	£691
(j) Notification of additional information under regulation 15(3)	£518
(k) 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)	£518

Regulation 17

SCHEDULE 14 FEES FOR NOTIFICATIONS AND APPLICATIONS UNDER THE NOTIFICATION OF NEW SUBSTANCES REGULATIONS 1993

Table 1

1	2
Subject matter	Fee payable
For the evaluation of a notification under regulation 4 (“base set”) of a substance not already notified under the 1993 Regulations or to a competent authority of a member State for the purposes of the Directive	4,864
For the evaluation of a notification under regulation 4 of a substance already notified—	£2,316
(i) under that regulation,
(ii) regulation 4(1) of the 1982 Regulations, or
(iii) to a competent authority of a member state, other than the competent authority for Great Britain, for the purposes of either Article 6(1) of the predecessor Directive or Article 7 of the Directive,and either regulation 11 of the 1993 Regulations applies or the agreement of the competent authority for Great Britain has been obtained pursuant to regulation 13(1) of the 1993 Regulations
For the evaluation of information provided for the purposes of regulation 5(1)(a) (> 10 tonnes per year)	£2,555
For the evaluation of information provided for the purposes of regulation 5(1)(b) (> 100 tonnes per year)	£5,027
For the evaluation of information provided for the purposes of regulation 5(1)(c) (> 1000 tonnes per year)	£3,524
For the evaluation of a notification under regulation 6, subject to the entry below relating to an evaluation of a notification in respect of an RTP polymer—
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1))	£1,345
(b) quantity of the new substance equal to or more than 10kg but less than 100 kg (regulation 6(2))	£845
For the evaluation of a notification (whether made under regulation 6(1) or 6(2), as the case may be,) in respect of an RTP polymer of an amount equal to or more than 10 kg per annum but less than one tonne per annum or the total amount is equal to or more than 500 kg but less than 5 tonnes	£1,345
For the evaluation of information provided under regulation 6(4)(d)(i) in respect of a substance for the purposes of process-orientated research and development	£630
For an application made by a notifier for an exemption relating to him under regulation 23	£2,555

Table 2

1	2
Circumstances described	Fee payable
Where, in the opinion of the Executive, an adequate risk assessment has not been included with a notification under regulation 4 (“base set”)	£2,334 (plus VAT)
Where, in the opinion of the Executive, an adequate risk assessment has not been included with a notification under regulation 6—
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1))	£564 (plus VAT)
(b) quantity of the new substance equal to or more than 10 kg but less than 100 kg (regulation 6(2))	£564 (plus VAT)

Regulation 18

SCHEDULE 15 FEES PAYABLE IN RESPECT OF OFFSHORE INSTALLATIONS

1	2
Function	Person by whom fee is payable
Assessing a safety case (sent to the Executive pursuant to regulation 4(1) of the 1992 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator who sent the safety case to the Executive pursuant to that provision
Assessing a safety case or a revision to a safety case (sent to the Executive pursuant to any other provision of the 1992 Regulations) for the purpose of deciding whether to accept that safety case or revision and accepting any such safety case or revision	The operator or owner who sent the safety case or revision to the Executive pursuant to that provision
Providing advice with respect to the preparation of a safety case or a revision to a safety case which is proposed to be sent to the Executive pursuant to any provision of the 1992 Regulations	The operator or owner who has requested that advice
Assessing whether to grant an exemption pursuant to regulation 17 of the 1992 Regulations and granting any such exemption	The operator or owner who has requested the exemption

Regulation 19

SCHEDULE 16 FEES PAYABLE IN RESPECT OF RAILWAY SAFETY FUNCTIONS

1	2
Function	Person by whom fee is payable
Assessing a safety case or a revision to a safety case (sent to the Executive pursuant to any provision of the 2000 Regulations) for the purpose of deciding whether to accept that safety case or revision, and accepting any such safety case or revision	The railway operator or person intending to become the railway operator who has prepared that safety case pursuant to that provision
Assessing whether to grant an exemption pursuant to regulation 17 of the 2000 Regulations and granting any such exemption	The railway operator who has requested the exemption
Providing advice with respect to the preparation of a safety case or revision to a safety case which is proposed to be sent to the Executive pursuant to any provision of the 2000 Regulations	The railway operator or person intending to become the railway operator who has requested that advice
Assessing whether to grant an approval pursuant to any provision of the Approval Regulations and granting any such approval	The operator or manufacturer (within the meaning of the Approval Regulations) who has made the application for the approval, or on whose behalf the application has been made
Providing advice with respect to a proposed application for the grant of an approval pursuant to the Approval Regulations	The operator or manufacturer (within the meaning of the Approval Regulations) who has requested that advice
Assessing whether to make and making an order in relation to a level crossing pursuant to the Level Crossings Act 1983(9) and to an agreement made pursuant to section 13(1)(b) of the 1974 Act	The operator within the meaning of the Level Crossings Act 1983
Assessing whether to grant an exemption pursuant to regulation 6 of the Railway Safety Regulations 1999(10) and granting any such exemption	The railway operator who has requested the exemption

Regulation 20

SCHEDULE 17 FEES PAYABLE IN RESPECT OF GAS SAFETY FUNCTIONS

1	2
Function	Person by whom fee is payable
Assessing a safety case or a revision of a safety case (sent to the Executive pursuant to any provision of the 1996 Regulations) for the purpose of deciding whether to accept that safety case or revision, and accepting any such safety case or revision	The person conveying gas, the person intending to convey gas or the network emergency co-ordinator who has prepared the safety case or revision pursuant to that provision
Providing advice with respect to the preparation of a safety case or revision to a safety case which is proposed to be sent to the Executive pursuant to any provision of the 1996 Regulations	The person conveying gas, the person intending to convey gas or the network co-ordinator who has requested that advice
Assessing whether to grant an exemption pursuant to regulation 11 of the 1996 Regulations	The operator or owner who has requested the exemption

Regulation 22

SCHEDULE 18 FEES FOR APPLICATIONS FOR APPROVALS UNDER THE HEALTH AND SAFETY (FIRST-AID) REGULATIONS 1981

Table 1

1	2	3
Fee for an original approval	Fee for an additional site-visit	Fee for renewal of approval
£936	£336	£64

Table 2

1	2	3	4
Fee for an initial site- visit	Fee for any additional site-visit	Fee for a site-visit to investigate a complaint	Fee for a cancelled site-visit
£373	£336	£373	£373

Regulation 23

SCHEDULE 19 FEES FOR APPLICATIONS FOR APPROVALS UNDER THE OFFSHORE INSTALLATIONS AND PIPELINES WORKS (FIRST-AID) REGULATIONS 1989

Table 1

1	2	3	4
Fee for an original approval of first-aid training	Fee for an original approval of medical training	Fee for renewal of approval of first-aid training	Fee for renewal of approval of medical training
£936	£1,373	£64	£64

Table 2

1	2
Fee for an additional site-visit relating to first-aid training	Fee for an additional site-visit relating to medical training
£336	£890

Table 3

1	2	3	4
Fee for an initial site-visit relating to first-aid training	Fee for an initial site-visit relating to medical training	Fee for any additional site-visit relating to first-aid training	Fee for any additional site-visit relating to medical training
£373	£890	£336	£890

Table 4

1	2	3
Fee for a site-visit to investigate a complaint	Fee for a cancelled site-visit relating to first-aid training	Fee for a cancelled site-visit relating to medical training
£373	£373	the reasonable cost to the Executive due to the cancellation

(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.

(9)

1983 c. 16; the Act, which was amended by the level Crossings Regulations 1997 (S.I. 1997/487), is one of the relevant statutory provisions within the meaning of section 53 of the Health and Safety at Work etc. Act 1974 (c. 37) by virtue of section 117(1) and (4) of the Railways Act 1993 (c. 43).

(10)

S.I. 1999/2244, to which there are amendments not relevant to these Regulations.