Control of Major Accident Hazards Regulations (Northern Ireland) 2000

Fee payable by operator

22.—(1) A fee shall be payable by the operator of an establishment to the Executive for the performance by or on behalf of the competent authority of any function conferred on the authority by these Regulations.

(2) A fee shall be payable by the operator of an establishment to the Executive for the performance—

(a) by or on behalf of the Executive or the Department of the Environment of any function relating to the enforcement of these Regulations conferred on the Executive or the Department of the Environment by the 1978 Order or by virtue of regulation 20; and

(b) by an inspector or Article 16 inspector of any such function conferred on him by the 1978 Order or by virtue of that regulation.

(3) The fee referred to in paragraphs (1) and (2) shall—

(a) not exceed the sum of the costs reasonably incurred by the competent authority, the Executive or the Department of the Environment, as the case may be, for the performance of the functions in relation to the establishment concerned;

(b) be payable within 30 days from the date of the invoice that the Executive has sent or given to the operator, such invoice to include a statement of the work done and the cost incurred including the period to which the statement relates.

(4) The Executive shall pay to the Department of the Environment any such fee or part of any such fee it recovers as is attributable to work done by or on behalf of that Department or by an Article 16 inspector in performing the functions concerned.

(5) Any fee payable under this regulation shall be recoverable only as a civil debt.

(6) Any fee payable under this regulation shall not include costs connected with—

(a) any criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrate’s Court; and

(b) any appeal pursuant to Article 26 of the 1978 Order incurred from the date that a notice of appeal has been received by the Secretary of the Office of the Industrial Tribunals and the Fair Employment Tribunal pursuant to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996.

(7) In this regulation, “inspector” means a person appointed by the Executive under Article 21 of the 1978 Order.