The Health and Safety (Fees) Regulations (Northern Ireland) 2009

Provisions supplementary to regulations 9 and 10

11.—(1) The fees referred to in regulations 9 and 10 shall—

(a) not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function referred to in the respective regulation; and

(b) be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.

(2) Any fees payable under regulations 9 and 10 shall not include any costs connected with any—

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

(b) appeal pursuant to Article 26 of the 1978 Order (appeal against improvement or prohibition notice) and regulation 12(1) and (3)(c) of, and Schedules 1 and 5 to, the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005(1).

(3) For the purposes of regulation 9 and paragraph (2)(a), an installation shall be treated as being in Northern Ireland if it is in the Northern Irish area within the meaning of Article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987(2).

(4) Any reference in regulation 9 to a person who has prepared a current safety case includes a reference to—

(a) a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and

(b) a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2007 Regulations.

(5) Any reference in regulation 10 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.

(6) Any reference in regulations 9 and 10 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.

(7) Any reference in regulations 9 and 10 to a function conferred on an inspector by the 1978 Order which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Order which is exercised for the purpose of carrying into effect those provisions in relation to that person.

(1)

S.R. 2005 No. 150, amended by S.R. 2005 No. 376, S.R. 2005 No. 578, S.R. 2006 No. 261 and S.R. 2007 No. 340; revoked in part by S.R. 2006 No. 261

(2)

S.I. 1987 No. 2197