The Health and Safety (Fees) Regulations 2010

Regulation 9

SCHEDULE 8 FEES PAYABLE UNDER THE MANUFACTURE AND STORAGE OF EXPLOSIVES REGULATIONS 2005 AND CERTAIN OTHER PROVISIONS CONCERNING EXPLOSIVES, INCLUDING ACETYLENE, AND UNDER THE PETROLEUM (CONSOLIDATION) ACT 1928 AND THE PETROLEUM (TRANSFER OF LICENCES) ACT 1936

PART 1 APPLICATIONS FOR LICENCES, OR VARIATIONS OF LICENCES, TO MANUFACTURE OR STORE EXPLOSIVES MADE TO THE EXECUTIVE WHERE IT IS THE LICENSING AUTHORITY BY VIRTUE OF PARAGRAPHS 1(b) OR (c) OR 2 OF SCHEDULE 1 TO THE 2005 REGULATIONS

1	2	3	4
Provision under which a licence is granted	Purpose of application	Fee	Fee for work by Specialist Inspector
The 2005 Regulations
Regulation 9, as extended by regulation 2(2) of those Regulations to the manufacture of ammonium nitrate blasting intermediate	Licence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing	£631	£127 per hour worked
	Licence to manufacture ammonium nitrate blasting intermediate	£156 per hour worked
	Licence to manufacture explosives by means of on-site mixing	£234	£127 per hour worked
	Renewal of any of the above licences	£83	£127 per hour worked
Regulation 10	Licence to store explosives	£631	£127 per hour worked
	Renewal of licence	£83	£127 per hour worked
Regulation 16	Varying a licence— (a) to manufacture explosives not being ammonium nitrate blasting intermediate, or (b) to store explosives	£432	£127 per hour worked
	Varying a licence to manufacture ammonium nitrate blasting intermediate	£156 per hour worked
Regulation 20	Transfer of licence	£52
	Replacement of any of the licences referred to in this Part if lost	£52

PART 2 APPLICATIONS FOR LICENCES TO STORE EXPLOSIVES AND FOR REGISTRATION IN RELATION TO THE STORAGE OF EXPLOSIVES MADE TO LICENSING AUTHORITIES WHICH ARE LICENSING AUTHORITIES BY VIRTUE OF PARAGRAPH 1(a) OF SCHEDULE 1 TO THE 2005 REGULATIONS

1	2	3
Provision under which application made	Purpose of application	Fee
Note: The fee payable for a licence, registration, or renewal of a licence or registration— (a) of less than one year’s duration is, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration, of one year’s duration decreased proportionately according to the duration of the period for which the licence, registration or renewal of either is granted; (b) of more than one but less than two years’ duration is, respectively, the fee set out above for a licence, registration or a renewal of a licence or registration of one year’s duration increased proportionately according to the duration of the period for which the licence, registration or a renewal of either is granted; (c) of more than two but less than three years’ duration is, respectively, the fee set above for a licence, registration or renewal of a licence or registration of two years increased proportionately according to the duration of the period for which the licence, registration, or renewal of either is granted; (d) of more than three but less than four years’ duration is, respectively, the fee set above for a licence, registration or renewal of a licence or registration of three years increased proportionately according to the duration of the period for which the licence, registration, or renewal of either is granted; (e) of more than four but less than five years’ duration is, respectively, the fee set above for a licence, registration or renewal of a licence or registration of four years increased proportionately according to the duration of the period for which the licence, registration, or renewal of either is granted.
The 2005 Regulations
Regulation 10 (see Note)	Licence to store explosives:
	(a) one year’s duration	£178
	(b) two years’ duration	£234
	(c) three years’ duration	£292
	(d) four years’ duration	£360
	(e) five years’ duration	£407
	Renewal of licence:
	(a) one year’s duration	£83
	(b) two years’ duration	£141
	(c) three years’ duration	£198
	(d) four years’ duration	£256
	(e) five years’ duration	£313
Regulation 11 (see Note)	Registration in relation to the storage of explosives:
	(a) one year’s duration	£105
	(b) two years’ duration	£136
	(c) three years’ duration	£166
	(d) four years’ duration	£198
	(e) five years’ duration	£229
	Renewal of registration:
	(a) one year’s duration	£52
	(b) two years’ duration	£83
	(c) three years’ duration	£115
	(d) four years’ duration	£146
	(e) five years’ duration	£178
Regulation 16	Varying a licence:
	(a) varying name of licensee or address of site	£35
	(b) any other kind of variation	The reasonable cost to the licensing authority of having the work carried out
Regulation 20	Transfer of licence or registration	£35
	Replacement of licence or registration referred to above if lost	£35

PART 3 APPLICATION FOR AN ACETYLENE IMPORTATION LICENCE UNDER SECTION 40(9) OF THE EXPLOSIVES ACT 1875 AND REPLACEMENT OF SUCH A LICENCE

1	2	3	4
Provisions under which a licence is granted	Purpose of application	Fee	Fee for work by Specialist Inspector
Explosives Act 1875(1)
Section 40(9) as applied to compressed acetylene by the Compressed Acetylene (Importation) Regulations 1978(2)	Licence for importation of compressed acetylene	£39	£127 per hour worked
	Replacement of the above licence if lost	£39

PART 4 FEE PAYABLE IN RESPECT OF APPLICATIONS FOR THE GRANTING AND TRANSFER OF PETROLEUM-SPIRIT LICENCES

1	2	3
Provision under which a fee is payable	Purpose of application	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 is 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 is 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.
Petroleum (Consolidation) Act 1928(3)
Section 4 (see Notes 1 and 2)	Licence to keep petroleum
	spirit of a quantity—
	not exceeding 2,500 litres	£42 for each year of licence
	exceeding 2,500 litres but not exceeding 50,000 litres	£58 for each year of licence
	exceeding 50,000 litres	£120 for each year of licence
Petroleum (Transfer of Licences) Act 1936(4)
Section 1(4)	Transfer of petroleum spirit licence	£8

PART 5 APPLICATIONS UNDER PARAGRAPH (1) OF THE PROVISO TO ORDER IN COUNCIL (NO. 30) OF 2ND FEBRUARY 1937(5) FOR APPROVALS OF PREMISES AND APPARATUS IN WHICH ACETYLENE IS TO BE MANUFACTURED OR KEPT

1	2	3
Purpose of application	Fee	Fee for work by Specialist Inspector
(a) Original approval of premises in which acetylene is to be manufactured or kept	£39	£127 per hour worked
(b) Amendment of an approval of premises in which acetylene is to be manufactured or kept	£39	£127 per hour worked
(c) Approval of apparatus in which acetylene is to be manufactured or kept	£39	£127 per hour worked

PART 6 APPLICATIONS FOR APPROVALS IN RESPECT OF CONDITION (8) IN THE ORDER OF THE SECRETARY OF STATE (NO. 9) OF 23RD JUNE 1919(6)

1	2	3
Purpose of application	Fee	Fee for work by Specialist Inspector
(a) Original approval of premises in which acetylene is compressed	£39	£127 per hour worked
(b) Amendment of an approval of premises in which acetylene is compressed	£39	£127 per hour worked

PART 7 APPLICATION FOR APPROVAL OF A CLASSIFICATION OF AN EXPLOSIVE UNDER THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983

1	2
Purpose of the application	Fee
Approval of the classification of an explosive under the Classification and Labelling of Explosives Regulations 1983(7)	£68 plus £68 per hour worked after the first hour

PART 8 FURTHER FEES PAYABLE IN RESPECT OF CERTAIN TESTING REQUIRED BY THE EXECUTIVE

1	2
Purpose of application	Fee
(a) Application for a licence for the importation of compressed acetylene (Part 3 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 5 above)	The reasonable cost to the Executive of having the work carried out
(c) Approval of the classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 (Part 7 above)	The reasonable cost to the Executive of having the work carried out

PART 9 FEES FOR EXPLOSIVES CERTIFICATES UNDER THE CONTROL OF EXPLOSIVES REGULATIONS 1991

Table 1

1	2	3
Provision under which a fee is payable	Purpose of application	Fee
Regulation 4 of the 1991 Regulations(8) (see Note)	(a) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) or (i), at a site in relation to which a person holds a registration—
	(i) one year’s duration	£125
	(ii) two years’ duration	£156
	(iii) three years’ duration	£188
	(iv) four years’ duration	£219
	(v) five years’ duration.	£251
	(b) Renewal of the above explosive certificate—
	(i) one year’s duration	£110
	(ii) two years’ duration	£130
	(iii) three years’ duration	£151
	(iv) four years’ duration	£173
	(v) five years’ duration	£193
	(c) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) or (i), at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives—
	(i) one year’s duration	£136
	(ii) two years’ duration	£166
	(iii) three years’ duration	£198
	(iv) four years’ duration	£229
	(v) five years’ duration	£261
	(d) Renewal of the above explosive certificate—
	(i) one year’s duration	£130
	(ii) two years’ duration	£156
	(iii) three years’ duration	£183
	(iv) four years’ duration	£209
	(v) five years’ duration	£234
	(e) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) or (i), at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives—
	(i) one year’s duration	£183
	(ii) two years’ duration	£219
	(iii) three years’ duration	£256
	(iv) four years’ duration	£292
	(v) five years’ duration	£329
	(f) Renewal of the above explosives certificate—
	(i) one year’s duration	£161
	(ii) two years’ duration	£193
	(iii) three years’ duration	£224
	(iv) four years’ duration	£256
	(v) five years’ duration	£287
	(g) Explosives certificate for acquiring and keeping only shooters’ powder at a site in relation to which the applicant holds a licence or registration, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time	£24
	(h) Renewal of the above explosives certificate where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time	£15
	(i) Explosives certificate for acquiring and keeping only shooters’ powder at a site in relation to which the applicant holds a licence or registration and the applicant also holds a relevant certificate, where no relevant application under the 1968 Act by the applicant is to be determined at the same time	£44
	(j) Renewal of the above explosives certificate where no relevant application under the 1968 Act by the applicant is to be determined at the same time	£18
	(k) Explosives certificate for acquiring more than 15 kilograms of explosives, not including an application for an explosives certificate referred to in entries (m) or (o)—
	(i) one year’s duration	£125
	(ii) two years’ duration	£156
	(iii) three years’ duration	£188
	(iv) four years’ duration	£219
	(v) five years’ duration	£251
	(l) Renewal of the above explosive certificate—
	(i) one year’s duration	£110
	(ii) two years’ duration	£130
	(iii) three years’ duration	£151
	(iv) four years’ duration	£173
	(v) five years’ duration	£193
	(m) Explosives certificate for acquiring more than 15 kilograms of shooters’ powder only, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time	£24
	(n) Renewal of the above explosives certificate where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time	£15
	(o) Explosives certificate for acquiring more than 15 kilograms of shooters’ powder only, where the applicant holds a relevant certificate and no relevant application under the 1968 Act by the applicant is to be determined at the same time	£44
	(p) Renewal of the above explosives certificate where no relevant application under the 1968 Act by the applicant is to be determined at the same time	£18
	(q) Replacement of any explosive certificate referred to in entries (a) to (f) and (k) and (l) if lost	£35
	(r) Replacement of any explosive certificate referred to in entries (g) to (j) and (m) to (p) if lost	£10

Table 2

Note: The fee payable for an explosive certificate or a renewal of an explosive certificate (“renewal”)— (a) of less than one year’s duration is, respectively, the fee set out above of one year’s duration for the kind of explosive certificate or renewal to which the application relates, decreased proportionately according to the duration of the period for which the explosive certificate or renewal is granted; (b) of more than one but less than two years’ duration is, respectively, the fee set out above of one year’s duration for the kind of explosive certificate or a renewal to which the application relates increased proportionately according to the duration of the period for which the explosive certificate or renewal is granted; (c) of more than two but less than three years’ duration is, respectively, the fee set out above of two years’ duration for the kind of explosive certificate or a renewal to which the application relates increased proportionately according to the duration of the period for which the explosive certificate or renewal is granted; (d) of more than three but less than four years’ duration is, respectively, the fee set out above of three years’ duration for the kind of explosive certificate or a renewal to which the application relates increased proportionately according to the duration of the period for which the explosive certificate or renewal is granted; (e) of more than four but less than five years’ duration is, respectively, the fee set out above of four years’ duration for the kind of explosive certificate or a renewal to which the application relates increased proportionately according to the duration of the period for which the explosive certificate or renewal is granted.

The fee for a check carried out for the purposes of regulation 4(6)(d) of the 1991 Regulations is £5

(1)

1875 c.17. Section 40 was repealed by S.I. 2005/1082. By virtue of regulation 27(17) of that S.I., despite the repeal of section 40, paragraph (9) of that section (as it had effect before the commencement of Schedule 4 to S.I. 1993/2714) continues to apply to acetylene as it applied before the commencement of S.I. 2005/1082.

(2)

S.I. 1978/1723, amended by S.I. 2004/568 and S.I. 2007/1573.

(3)

1928 c.32; section 4 was amended by S.I. 1974/1942 and 1987/52.

(4)

1936 c.27; section 1(4) was amended by S.I. 1974/1942 and 1987/52.

(5)

S.R. & O. 1937/54; relevant amending instruments are S.R. & O. 1947/805 and S.I. 1974/1885, 1984/510 and 2005/1082.

(6)

S.R. & O. 1919/809, amended by S.I. 1974/1885, 1984/510 and 2005/1732.

(7)

S.I. 1983/1140, amended by S.I. 2004/568, 2005/1082 and 2007/1573; there are other amending instruments, but none is relevant.

(8)

S.I. 1991/1531, amended by S.I. 2009/693; there are other amending instruments but none is relevant.