The Health and Safety and Nuclear (Fees) Regulations 2022

Fees payable in relation to the Explosives Regulations 2014 and the Acetylene Safety (England and Wales and Scotland) Regulations 2014 E+W+S

[F1 9.— (1)  A fee is payable to the Executive or the ONR, as appropriate, by the person referred to in column 3 of the table in Part 1 of Schedule 7, for the performance by or on behalf of the Executive or by the ONR of such functions as are conferred on the Executive or the ONR by virtue of the provision specified in column 1 of that table for the purpose specified in column 2 of that table.

(2) Where an application is made to the Executive in relation to a provision specified in column 1 of the table in Part 2 of Schedule 7, for a purpose specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table is payable by the applicant to the Executive.

(3) Where an application is made to a licensing authority specified in paragraph 1(a) of Schedule 1 to the Explosives Regulations 2014 in relation to a provision specified in column 1 of the table in Part 3 of Schedule 7, for a purpose specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table is payable by the applicant to that licensing authority.

(4) Where a licensing authority specified in paragraph 1(a) of Schedule 1 to the Explosives Regulations 2014 varies, or proposes to vary, a licence as described in column 1 of the table in Part 3 of Schedule 7, without the agreement of the explosives licensee as permitted by regulation 16 of the Explosives Regulations 2014, the fee specified in the corresponding entry of column 3 of that table is payable by the explosives licensee to that licensing authority.

(5) Where any application in relation to the provision specified in column 1 of the table in Part 4 of Schedule 7 is made for a purpose specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table is payable by the applicant to the chief officer of the police.

(6) Where, in relation to an application for an explosives certificate under the Explosives Regulations 2014, a check is carried out for the purposes of regulation 19(2)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee of £5 is payable by the applicant to the chief officer of police prior to that check being carried out.

(7) Parts 3 and 4 of Schedule 7 have effect subject to, respectively, the Notes to Parts 3 and 4.

(8) A fee is payable to the acetylene licensing authority by the person referred to in column 2 of the table in Part 5 of Schedule 7, for the performance by or on behalf of the acetylene licensing authority of such functions as are conferred on it for the purpose specified in column 1 of that table.

(9) Where a fee is payable under paragraphs (1) to (5) or (8), the fee is payable—

(a) in relation to applications for new licences, prior to notification of the result of the application;

(b) for existing licences, within 30 days from—

(i) the date on which the variation of the licence takes effect; or

(ii) if the licence is not varied, the date of the invoice given to the relevant licensee in respect of that fee.

(10) Subject to paragraphs (12) and (13), a fee is payable by the relevant person to the Executive for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (11).

(11) The functions referred to in paragraph (10) are any functions conferred on the Executive or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against that relevant person.

(12) No fee is payable under paragraph (10) for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any functions conferred on them by the 1974 Act which relate to the enforcement of Part 13 of the Explosives Regulations 2014.

(13) No fee is payable under this regulation for the performance by or on behalf of the Executive of the functions referred to in paragraph (10) to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to the Control of Major Accident Hazards Regulations 2015.

(14) For the purposes of this regulation and Schedule 7—

“the 1968 Act” means the Firearms Act 1968;

“the 2014 Acetylene Regulations” means the Acetylene Safety (England and Wales and Scotland) Regulations 2014;

“acetylene licensee” means a licensee within the meaning given in the 2014 Acetylene Regulations (see regulation 2 of those Regulations);

“acetylene licensing authority” means a licensing authority within the meaning given in the 2014 Acetylene Regulations (see regulation 2 of those Regulations);

“ammonium nitrate blasting intermediate”, “chief officer of police”, “civil explosive”, “explosives certificate”, “licence”, “licensing authority”, “manufacture”, “prohibited person”, “shooters’ powder” and “site” have the same meanings as in the Explosives Regulations 2014;

“explosives licensee” means a licensee within the meaning given in the Explosives Regulations 2014 (see regulation 2(1) of those Regulations);

“firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act;

“firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act to a person who is registered as a firearms dealer under that section;

“recipient competent authority document” means a document obtained under regulation 8(1) of the Explosives Regulations 2014 for the transfer of civil explosives;

“relevant application under the 1968 Act” means an application under the 1968 Act—

(a)

for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; and

(b)

for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate;

“relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate;

“relevant person” means an explosives licensee or an acetylene licensee as the case may be;

“site manufacturing code” means the code attributed to a site that manufactures civil explosives by the Executive under regulation 34 of the Explosives Regulations 2014.]

Textual Amendments

F1 Reg. 9 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 4 (with reg. 1(3))

Commencement Information

I1 Reg. 9 in force at 21.12.2022, see reg. 1(1)