The Health and Safety (Fees) Regulations 2005

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 E+W+S

9.—(1) Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.

[F1 (1A) Where any application in relation to a provision specified in column 1 of Part 1A of Schedule 8 is 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, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive, save that —

(a) in the case of an application referred to in column 2 of that Part for a licence to manufacture ammonium nitrate blasting intermediate, or to vary any such licence, the fee —

(i) referred to in column 3 of that Part as an amount per hour, shall be adjusted pro rata for a period worked of less than one hour; and

(ii) shall be payable prior to notification of the result of the application.

(1B) Where any application under a provision specified in column 1 of Part 1B of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to that licensing authority.]

(2) The fee or maximum fee payable under each provision specified in column 1 of Part 2 of Schedule 8 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.

[F2 (3) A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraphs (1) or (1A) for any purpose specified in column 2 of each of Parts 1 and 1A of Schedule 8 for which there is a corresponding entry in column 4 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to the notification of the result of the application.]

(4) A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts 3, 4 and 5 of Schedule 8 and such fee shall be payable on making the application save that, in the case of an application for the purpose referred to in [F3 the entry] in column 1 of Part 5 of that Schedule, the fee shall be payable prior to notification of the result of the application.

(5) The fee for an application for each purpose specified in column 1 of each of Parts 3, 4 and 5 of Schedule 8 shall be that specified in the corresponding entry in column 2 in the respective Part and, where the fee is determined as an amount per hour, the fee shall be adjusted pro rata for a period worked of less than one hour.

(6) A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of [F4 Parts 3 and 4] of Schedule 8 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.

(7) A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part 6 of Schedule 8, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.

(8) [F5 Parts 1B and 2] of Schedule 8 shall have effect subject to [F6 , respectively, the Notes to Parts 1B and 2].

[F7 (9) Where any application in relation to the provision specified in column 1 of Part 7 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the chief officer of police.

(10) Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 1991, a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 to Part 7 of Schedule 8.

(11) For the purposes of this regulation and Schedule 8 —

(a) “the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005;

(b) “ammonium nitrate blasting intermediate”, “licence”, “licensing authority”, “on-site mixing”, “registered” and “registration” have the same meanings as in the 2005 Regulations; and

(c) “chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings respectively as in the Control of Explosives Regulations 1991.]

Textual Amendments

F1 Reg. 9(1A)(1B) inserted (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), regs. 1(1), Sch. 5 para. 45(3)(a) (with reg. 3)

F2 Reg. 9(3) substituted (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), regs. 1(1), Sch. 5 para. 45(3)(b) (with reg. 3)

F3 Words in reg. 9(4) substituted (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), regs. 1(1), Sch. 5 para. 45(3)(c) (with reg. 3)

F4 Words in reg. 9(6) substituted (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), regs. 1(1), Sch. 5 para. 45(3)(d) (with reg. 3)

F5 Words in reg. 9(8) substituted (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), regs. 1(1), Sch. 5 para. 45(3)(e)(i) (with reg. 3)

F6 Words in reg. 9(8) substituted (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), regs. 1(1), Sch. 5 para. 45(3)(e)(ii) (with reg. 3)

F7 Reg. 9(9)-(11) inserted (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), regs. 1(1), Sch. 5 para. 45(3)(f) (with reg. 3)