The Health and Safety (Fees) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations update and replace the Health and Safety (Fees) Regulations 2004 (S.I. 2004/456). They fix or determine the fees payable by an applicant to, in most cases, 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 plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 2);

(c) an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 4 and Schedule 3);

(d) a licence under the Asbestos (Licensing) Regulations 1983 and the amendment to, replacement of, and reassessment of an application to grant, such a licence (regulation 5 and Schedule 4);

(e) an approval of dosimetry services for the purposes of the Ionising Radiations Regulations 1999 or the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (regulation 8 and Schedule 7);

(f) an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments made 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 9 and Schedule 8);

(g) an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 11 and Schedule 9);

(h) certificates and applications for approvals under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (regulation 12 and Schedules 10, 11,and 12);

(i) an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 20 and 22 and Schedule 18);

(j) an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 21 and 22 and Schedule 19);

and in respect of—

(k) a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 14 and Schedule 13);

(l) a notification or application under the Notification of New Substances Regulations 1993 (regulation 15 and Schedule 14).

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 6 and 7 and Schedules 5 and 6).

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 16 to 19 and Schedules 15 to 17).

4.  Besides the increases for fixed fees which are indicated in the table below, the Regulations make a minor amendment to regulation 22(6)(b)(i) of the Control of Major Accident Hazards Regulations 1999 (S.I. 1999/743) concerning the period up to which fees may be charged in relation to criminal investigations (regulation 23). This replicates a similar provision now included in regulation 19(2)(b)(i) of these Regulations.

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				Percentage Increase
Schedule 1		Original approval	Amendment of approval	Renewal of approval		Original approval	Amendment of approval	Renewal of approval		Original approval	Amendment of approval	Renewal of approval
Part 1
Approval of explosives		£294	£205	£71		£301	£210	£73		2.38	2.44	2.82
Part 2
Break test shot			£226				£232				2.65
Deflagration			£179				£184				2.79
Detonator test (per 100 shots)			£1,383				£1,418				2.53
Detonator delay time test (per 100 shots)			£1,094				£1,122				2.56
Gallery shot			£258				£265				2.71
Velocity of detonation test (per 3 shots)			£447				£458				2.46
Part 3
Other testing not fixed in Part 2	Reasonable cost to the Executive of having the work carried out				Reasonable cost to the Executive of having the work carried out
Schedule 2
Original approval of tractor cab			£421				£432				2.61
Revision of an existing approval of a tractor cab			£232				£238				2.59
Schedule 3
Approval of scheme or programme for examination of freight containers			£81				£83				2.47
Schedule 4
Table 1
Licence for work with asbestos insulation, asbestos coating or asbestos insulating board or renewal of licence			£909				£998				9.79
Table 2
Re-assessment of licence application			£251				£276				9.96
Amendment of condition, or duration, of licence			£251				£276				9.96
Amendment or replacement, of a licence			£67				£74				10.45
		Basic	X-Rays	Laboratory tests		Basic	X-Rays	Laboratory tests		Basic	X-Rays	Laboratory tests
Schedule 5
The Ionising Radiations Regulations 1999
(a) where surveillance is confined to examination of, and making entries in, records		£32	£61	£36		£33	£63	£37		3.13	3.28	2.78
(b) in other cases		£60	£61	£36		£62	£63	£37		3.33	3.28	2.78
Control of Asbestos at Work Regulations 2002		£60	£61	£36		£62	£63	£37		3.33	3.28	2.78
Control of Substances Hazardous to Health Regulations 2002		£60	£61	£36		£62	£63	£37		3.33	3.28	2.78
The Work in Compressed Air Regulations 1996		£60	£61	£36		£62	£63	£37		3.33	3.28	2.78
Schedule 6
On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment)	£60				£62					3.33
On each subsequent assessment of an employee —
(i) for laboratory tests where these are carried out	£36				£37					2.78
(ii) for a clinical medical examination where this is carried out	£36				£37					2.78
Schedule 7 Table 1
Group 1											Fee	Hourly rate
Dose record keeping where the application is solely in respect of Group I function	£269 plus £116 per hour worked by Nuclear or Specialist Inspector				£323 plus £120 per hour worked by Nuclear or Specialist Inspector						20.07	3.45
Dose record keeping where the application for Group I functions is linked to an application for approval in another group	£269 plus £116 per hour worked by Nuclear or Specialist Inspector				£323 plus £120 per hour worked by Nuclear or Specialist Inspector						20.07	3.45
Group II
External dosimetry	£269 plus £116per hour worked by Nuclear or Specialist Inspector				£323 plus £120per hour worked by Nuclear or Specialist Inspector						20.07	3.45
Group III
Internal dosimetry
(a) Bio-assay or in-vivo monitoring or air sampling	£269 plus £116per hour worked by Nuclear or Specialist Inspector				£323 plus £120 per hour worked by Nuclear or Specialist Inspector						20.07	3.45
(b) for each additional technique	£269 plus £116 per hour worked by Nuclear or Specialist Inspector				£323 plus £120 per hour worked by Nuclear or Specialist Inspector						20.07	3.45
Type approval of apparatus under sub-paragraph 1(c)(i) or 1(d)(i) respectively of Schedule 1 to the Ionising Radiations Regulations 1999	£119 plus £116 per hour worked by Nuclear or Specialist Inspector				£122 plus £120 per hour worked by Nuclear or Specialist Inspector						2.52	3.45
Table 2
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 plus £116 per hour worked by Nuclear or Specialist Inspector				£1682 plus £120 per hour worked by Nuclear or Specialist Inspector						2.50	3.45
Schedule 8
Part 1
Factory licence	£543 plus £111 per hour worked by Specialist Inspector				£557 plus £115 per hour worked by Specialist Inspector						2.58	3.60
Magazine licence	£543 plus £111 per hour worked by Specialist Inspector				£557 plus £115 per hour worked by Specialist Inspector						2.58	3.60
Factory amending licence	£391 plus £111 per hour worked by Specialist Inspector				£401 plus £115 per hour worked by Specialist Inspector						2.56	3.60
Magazine amending licence	£391 plus £111 per hour worked by Specialist Inspector				£401 plus £115 per hour worked by Specialist Inspector						2.56	3.60
Replacement of the above licenses if lost	£48				£49						2.08	-
Licence for importation of compressed acetylene	£33 plus £111 per hour worked by Specialist Inspector				£34 plus £115 per hour worked by Specialist Inspector						3.03	3.60
Replacement of the above licence if lost	£33				£34						3.03	-
Amendment to an existing licence	£33 plus £111 per hour worked by Specialist Inspector				£34 plus £115 per hour worked by Specialist Inspector						3.03	3.60
Part 2
A store licence	£75				£77						2.67	-
Renewal of a store licence	£75				£77						2.67	-
Registration and renewal of registration of premises for the keeping of explosives with a local authority	£13				£13						-	-
Licence to keep petroleum spirit of a quantity —
- not exceeding 2,500 litres	£36 for each year of licence				£37 for each year of licence						2.78	-
- exceeding 2,500 litres but not exceeding 50,000 litres	£51 for each year of licence				£52 for each year of licence						1.96	-
- exceeding 50,000 litres	£102 for each year of licence				£105 for each year of licence						2.94	-
Transfer of petroleum spirit licence	£8				£8						-	-
Part 3
Original approval of premises in which acetylene is to be manufactured or kept	£33 plus £111 per hour worked by Specialist Inspector				£34 plus £115 per hour worked by Specialist Inspector						3.03	3.60
Amendment of an approval of premises in which acetylene is to be manufactured or kept	£33 plus £111 per hour worked by Specialist Inspector				£34 plus £115 per hour worked by Specialist Inspector						3.03	3.60
Approval of apparatus in which acetylene is to be manufactured or kept	£33 plus £111 per hour worked by Specialist Inspector				£34 plus £115 per hour worked by Specialist Inspector						3.03	3.60
Part 4
Comparison of a porous substance with a sample porous substance	£59				£60						1.69	-
Original approval of premises in which acetylene is compressed	£33 plus £111 per hour worked by Specialist Inspector				£34 plus £115 per hour worked by Specialist Inspector						3.03	3.60
Amendment of an approval of premises in which acetylene is compressed	£33 plus £111 per hour worked by Specialist Inspector				£34 plus £115 per hour worked by Specialist Inspector						3.03	3.60
Part 5
Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967	£205 plus £111 per hour worked by Specialist Inspector				£210 plus £115 per hour worked by Specialist Inspector						2.44	3.60
Part 6
Testing in connection with specified applications in Parts 1, 3, 4 or 5	Reasonable cost to the Executive of having the testing carried out				Reasonable cost to the Executive of having the testing carried out						-	-
Schedule 9
Grant of an explosives licence or alteration of the terms of an existing explosives licence	£594 plus £111 per hour worked				£609 plus £115 per hour worked						2.53	3.60
Change of licence name or address	£48				£49						2.08
Schedule 10
Driver training certificates under the Carriage Regulations	£3				£3						-
Schedule 11
Approval of initial training under the Carriage Regulations	Reasonable cost to the GB competent authority of having the work carried out				Reasonable cost to the GB competent authority of having the work carried out						-
Approval of refresher training under the Carriage Regulations	Reasonable cost to the GB competent authority of having the work carried out				Reasonable cost to the GB competent authority of having the work carried out						-
Schedule 12
Safety adviser vocational training certificates under the Carriage Regulations	Reasonable cost to the GB competent authority or the person designated by it for the purpose of issuing vocational training certificates of having the work carried out				Reasonable cost to the GB competent authority or the person designated by it for the purpose of issuing safety adviser vocational training certificates of having the work carried out					-
Schedule 13
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)	£346				£415						19.94
Notification of an activity involving genetic modification in class 2 under regulation 10(1)	£691				£829						19.97
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				£829						19.97
Notification of an activity involving genetic modification in class 3 under regulation 11(1)	£749				£899						20.03
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				£899						20.03
Notification of an activity involving genetic modification in class 4 under regulation 11(1)	£864				£1,037						20.02
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)	£864				£1,037						20.02
Notification of an activity involving genetic modification or organisms other than micro-organisms under regulation 12(1)	£691				£829						19.97
Notification of the intention to use premises for the first time 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)	£691				£829						19.97
Notification of an additional information under regulation 15(3)	£518				£622						20.08
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				£622						20.08
Schedule 14
Notification of New Substances Regulations 1993
For the evaluation of a notification under regulation 4 (“base set”)	£4,864				£4,987						2.53
For the evaluation of a notification of a substance already notified	£2,316				£2,374						2.50
For the evaluation of a notification under regulation 5(1)(a) (>10 tonnes per year)	£2,555				£2,619						2.50
For the evaluation of a notification under regulation 5(1)(b) (>100 tonnes per year)	£5,027				£5,154						2.53
For the evaluation of a notification under regulation 5(1)(c) (> 1,000 tonnes per year)	£3,524				£3,613						2.53
For a notification under regulation 6 —
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1))	£1,345				£1,614						20.00
(b) quantity of the new substance up to 100 kg (regulation 6(2))	£845				£1,014						20.00
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 that 10kg per annum but less than one tonne per annum or the total amount is equal to or more than 500kg but less than 5 tonnes	£1,345				£1,614						20.00
For an 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				£646						2.54
Additional fee to the fee above for the evaluation of a notification under regulation 4 where there is no adequate risk assessment	£2,334 plus VAT				£2,393 plus VAT						2.53
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))	£564 plus VAT				£578 plus VAT						2.48
(b) quantity of the new substance up to 100 kg (regulation 6(2))	£564 plus VAT				£578 plus VAT						2.48
For an application made by a notifier for an exemption relating to him under regulation 23	£2,555				£2,619						2.50
Schedule 15
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 16
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 17
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 18
Table 1	Fee for original approval	Fee for an additional site-visit	Fee for renewal of approval		Fee for original approval	Fee for an additional site-visit	Fee for renewal of approval
	£936	£336	£64		£960	£344	£66		2.56	2.38	3.13
Table 2	Fee for initial site-visit	Fee for any addition-al site-visit	Fee for a site-visit to investi-gate a complaint	Fee for a cancelled site-visit	Fee for initial site-visit	Fee for any additional site-visit	Fee for site-visit to investing-ate a complaint	Fee for a cancelled site-visit
	£373	£336	£373	£373	£382	£344	£382	£382	2.41	2.38	2.41	2.41
Schedule 19
Table 1	Fee for original approval: first-aid	Fee for original approval:medical	Fee for renewal of approval: first-aid	Fee for renewal of approval: medical	Fee for original approval: first-aid	Fee for original approval:medical	Fee for renewal of approval: first-aid	Fee for renewal of approval: medical
	£936	£1,373	£64	£64	£960	£1,408	£66	£66	2.56	2.55	3.13	3.13
Table 2	Fee for additional site-visit: first-aid		Fee for additional site-visit: medical		Fee for additional site-visit: first-aid		Fee for additional site-visit: medical
	£336		£890		£344		£912		2.38		2.47
Table 3	Fee for initial site-visit: first-aid	Fee for initial site-visit: medical	Fee for additional site-visit: first-aid	Fee for additional site-visit: medical	Fee for initial site-visit: first-aid	Fee for initial site-visit: medical	Fee for additional site-visit: first-aid	Fee for additional site-visit: medical
	£373	£890	£336	£890	£382	£912	£344	£912	2.41	2.47	2.38	2.47
Table 4	Fee for a site-visit to investigate a complaint	Fee for a cancelled site-visit	Fee for a cancelled site-visit relating to training		Fee for a site-visit to investigate a complaint	Fee for a cancelled site-visit	Fee for a cancelled site-visit relating to training
	£373	£373	Reasonable cost to the Executive due to the cancellation		£382	£382	Reasonable cost to the Executive due to the cancellation			2.41	2.41	-