The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006

27.  In regulation 50 (fees) for paragraphs (1) to (7) there shall be substituted— N.I.

“50.— (1) On the making of an application to the Northern Ireland competent authority to carry out its functions under Part III and Schedule 3, a fee shall be payable by the applicant in connection with the performance by or on behalf of the Northern Ireland competent authority.

(2) Where the Northern Ireland competent authority has delegated its functions to another body it may charge a fee for—

(a) determining the suitability of a body to carry out competent authority functions; and

(b) the monitoring of such a body.

(3) A fee which shall be reasonable in light of the actual work performed shall be payable by the relevant notified body, approved body or appointed person in respect of any inspection undertaken by or on behalf of the Executive in accordance with regulation 44(5).

(4) Subject to paragraph (5), where an application has been made to—

(a) a notified body, an approved body, an inspection body or an approved person in accordance with these Regulations; or

(b) an appointed person in compliance with the provisions of ADR or of RID referred to in regulations 21 and 22,

the notified body, the approved body, the inspection body, the approved person or the appointed person may charge such fees in connection with, or incidental to, carrying out its duties in relation to the procedures and tasks referred to in regulation 44(3)(c), paragraph 8(3)(c) of Schedule 1 or paragraph 9(3)(c) of Schedule 2 as it may determine.

(5) The fees referred to in paragraph (4) shall not exceed—

(a) the costs incurred or to be incurred by the notified body, approved body, inspection body, approved person or appointed person in performing the relevant function; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

(i) the character and extent of the work done or to be done by that body or person on behalf of the applicant; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

(6) The power in paragraph (3) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.”

Commencement Information

I1 Sch. 2 para. 27 in operation at 1.2.2007, see reg. 1