The Health and Safety (Fees) (Amendment) Regulations (Northern Ireland) 2014

Made13th November 2014

Coming into operation12th December 2014

The Department of Enterprise, Trade and Investment1, being the Department concerned2, makes the following Regulations in exercise of the powers conferred by Articles 40(2) and (4), 49 and 55(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”)3.

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A) of the 1978 Order4.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Health and Safety (Fees) (Amendment) Regulations (Northern Ireland) 2014 and shall come into operation on 12th December 2014.

2

In these Regulations—

“the 2012 Regulations” means the Health and Safety (Fees) Regulations (Northern Ireland) 20125; and
“the Executive” means the Health and Safety Executive for Northern Ireland.

Amendment of the 2012 Regulations2

1

The 2012 Regulations shall be amended in accordance with paragraphs (2) and (3).

2

After regulation 12, insert—

Fees for notifications under the Borehole Sites and Operations Regulations (Northern Ireland) 199512A
1
Subject to paragraph (3), a fee is payable to the Executive by the person referred to in column 2 of Schedule 9 for the performance by the Executive of such functions conferred on it as are specified in column 1 of that Schedule.
2
Any fee referred to in paragraph (1) is—
a
not to exceed the sum of the costs reasonably incurred by the Executive for the performance of the function; and
b
payable within 30 days from the date of the invoice that the Executive has sent or given to the person who shall pay that fee, and such invoices shall include a statement of the work done and the costs incurred, including the period to which the statement relates.
3
No fee is payable under paragraph (1) for the performance by the Executive of the functions specified in column 1 of Schedule 9 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 Hazard Regulations (Northern Ireland) 20006.
4
For the purposes of this regulation and Schedule 9, “the 1995 Regulations” means the Borehole Sites and Operations Regulations (Northern Ireland) 19957, and “borehole site” and “operator” have the same meaning as in those Regulations.

3

After Schedule 8 insert Schedule 9 as set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 13th November 2014

Jackie KerrA senior officer of the Department of Enterprise, Trade and Investment

SCHEDULESCHEDULE TO BE INSERTED AFTER SCHEDULE 8 TO THE HEALTH AND SAFETY (FEES) REGULATIONS (NORTHERN IRELAND) 2012

Regulation 2(3)

SCHEDULE 9FEES FOR NOTIFICATIONS UNDER THE BOREHOLE SITES AND OPERATIONS REGULATIONS (NORTHERN IRELAND) 1995
Regulation 12A
Column 1
Column 2
Function
Person by whom fee is payable
Assessing a notification sent to the Executive pursuant to regulation 6(1) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters
The operator of a borehole site
Assessing a notification sent to the Executive pursuant to regulation 6(2) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters
The operator of a borehole site
Assessing a notification sent to the Executive pursuant to regulation 6(3) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters
The person entitled to drill the borehole
Assessing a notification sent to the Executive pursuant to regulation 6(4) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters
The operator of a borehole site
Assessing a notification sent to the Executive pursuant to regulation 6(5) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters
The operator of a borehole site or, in the case of particulars previously notified under regulation 6(3) of the 1995 Regulations, the person entitled to drill the borehole

Column 1	Column 2
Function	Person by whom fee is payable
Assessing a notification sent to the Executive pursuant to regulation 6(1) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator of a borehole site
Assessing a notification sent to the Executive pursuant to regulation 6(2) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator of a borehole site
Assessing a notification sent to the Executive pursuant to regulation 6(3) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The person entitled to drill the borehole
Assessing a notification sent to the Executive pursuant to regulation 6(4) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator of a borehole site
Assessing a notification sent to the Executive pursuant to regulation 6(5) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator of a borehole site or, in the case of particulars previously notified under regulation 6(3) of the 1995 Regulations, the person entitled to drill the borehole

EXPLANATORY NOTE

(This note is not part of the Regulations)

1

These Regulations amend the Health and Safety (Fees) Regulations (Northern Ireland) 2012 (S.R. 2012 No. 255).

2

These Regulations introduce fees payable by specified persons in respect of the performance by the Executive of certain functions specified in the Borehole Sites and Operations Regulations (Northern Ireland) 1995 (regulation 2 and Schedule).

3

An estimate of the costs associated with these Regulations has been prepared by the Executive and is held at its offices at 83 Ladas Drive, Belfast, BT6 9FR, from where a copy may be obtained on request.