1994 No. 397
The Health and Safety (Fees) Regulations 1994
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by sections 43(2), (4), (5) and (6) and 82(3)(a) of the Health and Safety at Work etc. Act 19741 (“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1994 and shall come into force on 28th March 1994.
2
In these Regulations, unless the context otherwise requires—
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to—
- a
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 19542;
- b
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 19693 and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 19744 or are health and safety regulations);
- a
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Fees payable under the mines and quarries provisions2
1
A fee shall be payable by the applicant to the Health and Safety Executive for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as an amount per hour worked, the fee so calculated shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be determined under Part III of Schedule 1.
Fees for approval of respiratory protective equipment3
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of respiratory protective equipment—
a
under the Factories Act 19615, or any regulations made or having effect as if made under that Act;
b
under the Control of Lead at Work Regulations 19806;
c
under the Ionising Radiations Regulations 19857;
d
under the Control of Asbestos at Work Regulations 19878; and
e
under the Control of Substances Hazardous to Health Regulations 19889.
2
The fee payable for approval of each item of the subject matter described in column 1 of Schedule 2 shall be that specified in column 2 of that Schedule and the fee so calculated shall be payable prior to the notification of the result of the application for approval.
3
For the purposes of Schedule 2, the number of hours worked shall include time spent by the Executive’s staff carrying out any testing to determine whether approval can be granted.
Fees payable under the Agriculture (Tractor Cabs) Regulations 19744
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 197410.
2
The fee payable for the approval of each subject matter described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable under the Freight Containers (Safety Convention) Regulations 19845
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 198411.
2
The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
Fee for a licence under the Asbestos (Licensing) Regulations 19836
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 198312.
2
The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
Fees for examination or surveillance by an employment medical adviser7
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 19808
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 198013.
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for approval or reassessment of approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 19859
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services or for the reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiations Regulations 198514.
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, together with any fee determined under paragraph (4), where applicable.
4
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 198310
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part I of Schedule 9 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
4
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of each of Parts III, IV, and V of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 in the respective Part.
5
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 193611
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 192815 or section 1(4) of the Petroleum (Transfer of Licences) Act 193616 the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 198712
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 198717.
2
The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
Offshore installations13
The owner of any offshore installation (within the meaning assigned to those words by section 1(4) of the Mineral Workings (Offshore Installations) Act 197118 in respect of which an examination has been carried out under regulation 11(1) of the Offshore Installations (Life saving Appliances) Regulations 197719 or under regulation 20(1) of the Offshore Installations (Fire-fighting Equipment) Regulations 197820 shall pay to the Executive on demand a fee calculated as follows:
a
a sum based on the time spent by the person carrying out the examination on carrying it out and in travelling to and from the installation calculated in accordance with the provisions of Schedule 11; and
b
a sum equal to the cost of travelling and subsistence expenses reasonably incurred by the person carrying out the examination.
Vocational training certificates under the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 199214
1
A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 199221 where a fee of the sum specified in Schedule 12 has been paid to the Secretary of State.
2
The validity of a vocational training certificate may only be extended in accordance with paragraph (5) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 where, within the period of 12 months which precede the expiry of the original certificate or any extensions of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 12 has been paid to the Secretary of State.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Calculation of hours worked15
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 2(2), 3(2) or 10(6) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).
Modifications and revocations16
1
The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 is modified as follows —
a
in regulation 5, in paragraph (2), at the end of sub-paragraph (a), after the semi-colon, add “and”;
b
in regulation 5, in paragraph (2), at the end of sub-paragraph (b), for the semi-colon substitute a full stop and delete “and”;
c
in regulation 5, in paragraph (2), delete sub-paragraph (c);
d
in regulation 5, for paragraph (5), substitute the following paragraph—
5
Each vocational training certificate issued in accordance with paragraph (1) shall be valid for a period of 5 years from the date of issue, but its validity may be extended for periods of up to 5 years by the Secretary of State where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with this paragaph, the holder can show to the satisfaction of the Secretary of State that he has—
a
sucessfully completed a refresher course in the carriage of dangerous goods which has been approved by the Secretary of State; and
b
passed the examination referred to in paragraph (2)(b).
e
in regulation 8, delete “5(2)(c) or (5)(b) or”.
2
The instruments specified in column 1 of Schedule 13 are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
Northern Ireland17
These Regulations shall not apply to Northern Ireland.
Signed by order of the Secretary of State.
SCHEDULE 1FEES PAYABLE UNDER THE MINES AND QUARRIES PROVISIONS
PART IFEES FOR APPROVAL OF PLANT, APPARATUS OR SUBSTANCE UNDER THE MINES AND QUARRIES PROVISIONS
1 | 2 | 3 | 4 |
---|---|---|---|
Subject matter of approval | Fee for an orginal approval | Fee for amendment of approval | Fee for renewal of approval |
| £1,030 | £515 | £55 |
| £65 per hour | £65 per hour | £65 per hour worked workedworked |
| £188 | £130 | £55 |
| £2,027 | £533 | £55 |
| £632 | £412 | £55 |
| £303 | £193 | £55 |
| £303 | £193 | £55 |
| £154 | £154 | £55 |
PART IIFEES FOR TESTING EXPLOSIVES AND DETONATORS UNDER THE MINES AND QUARRIES PROVISIONS
1 | 2 |
---|---|
Test | Fee for test |
| £41 |
| £51 |
| £35 |
| £380 |
| £232 |
| £82 |
| £39 |
| £72 |
PART IIIFEES FOR OTHER TESTING
The fee for any testing not fixed by Part II of this Schedule shall be £65 for each man hour of work done in the testing, excluding any typing, messenger or other ancillary work (for which no further charge shall be payable).
SCHEDULE 2FEE FOR APPROVAL OF RESPIRATORY PROTECTIVE EQUIPMENT
1 | 2 |
---|---|
Subject matter of approval | Fee |
Approval of respiratory protective equipment | £65 per hour worked |
SCHEDULE 3FEES FOR APPROVAL UNDER THE AGRICULTURE (TRACTOR CABS) REGULATIONS 1974
1 | 2 |
---|---|
Subject matter of approval | Fee |
| £230 |
| £125 |
SCHEDULE 4FEE FOR APPROVAL UNDER THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS 1984
1 | 2 |
---|---|
Subject matter of approval | Fee |
Approval of scheme or programme for examination of freight containers | £75 |
SCHEDULE 5LICENCE UNDER THE ASBESTOS (LICENSING) REGULATIONS 1983
1 | 2 |
---|---|
Subject matter of licence | Fee |
Licence for work with asbestos insulation or asbestos coating or renewal of original licence | £505 |
SCHEDULE 6FEES FOR EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER
1 | 2 | 3 | 4 | 5 |
---|---|---|---|---|
Provision | Reference | Basic Fee | Additional fees where appropriate | |
Fee for X-Rays | Fee for Laboratory tests | |||
| S. I. 1958/61 (relevant amending instrument is S. I 1973/36) | £40 | £40.80 | £24.50 |
| £17 where surveillance is confined to examination of, and making entries in records | £40.80 | £24.50 | |
£39 in other cases | ||||
| £43 | £40.80 | £24.50 | |
| £40 | £40.80 | £24.50 |
SCHEDULE 7FEES FOR MEDICAL SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER UNDER THE CONTROL OF LEAD AT WORK REGULATIONS 1980
1 | 2 |
---|---|
Item | Fee |
| £41 |
| |
| £24.50 |
| £28 |
SCHEDULE 8FEES FOR APPROVAL OR REASSESSMENT OF APPROVAL OF DOSIMETRY SERVICES AND FOR TYPE APPROVAL OF RADIATION GENERATORS OR APPARATUS CONTAINING RADIOACTIVE SUBSTANCES UNDER THE IONISING RADIATIONS REGULATIONS 1985
1 | 2 |
---|---|
Description | Fee |
Approval or reassessment of approval of Dosimetry Services granted under regulation 15 of the Ionising Radiations Regulations 1985 Group 1 Dose record keeping | |
| £610 |
| £227 |
Group II External dosimetry | £610 for one sub-group and £227 for each additional sub-group |
| |
Group III Internal Dosimetry
| £610 |
| £227 |
Type approval of a radiation generator or an apparatus containing a radioactive substance under sub-paragraph (f) or (g) respectively of Schedule 3 to the Ionising Radiations Regulations 1985 (which excepts such type approved radiation generators or apparatus containing radioactive substances from the notification requirements of regulation 5 of those Regulations) | £90 |
SCHEDULE 9FEES PAYABLE UNDER THE EXPLOSIVES ACT 1875 AND INSTRUMENTS MADE THEREUNDER, UNDER THE PETROLEUM (CONSOLIDATION) ACT 1928 AND THE PETROLEUM (TRANSFER OF LICENCES) ACT 1936
PART IAPPLICATIONS FOR FACTORY LICENCES, MAGAZINE LICENCES AND IMPORTATION LICENCES AND AMENDING LICENCES UNDER SECTIONS 6, 12 AND 40(9) OF THE EXPLOSIVES ACT AND REPLACEMENT OF SUCH LICENCES
1 | 2 | 3 | 4 |
---|---|---|---|
Provision under which a licence is granted | Purpose of application | Fee | Fee for work by specialist inspector |
Explosives Act 1875 c. 17 | |||
Section 6 (as applied to explosives other than gunpowder by sections 39 and 40) | Factory licence | £363.50 | £34 per hour worked |
Magazine licence | £363.50 | £34 per hour worked | |
Replacement of one of the above licences if lost | £23 | ||
Section 12 (as applied to explosives other than gunpowder by sections 39 and 40) | Factory amending licence | £89.50 | £34 per hour worked |
Magazine amending licence | £89.50 | £34 per hour worked | |
Replacement of one of the above licences if lost | £23 | ||
Section 40(9) | Licence for importation of explosives | £47 | |
Replacement of the above licence if lost | £23 | ||
Amendment to an existing licence | £47 | ||
Section 40(9) as applied to compressed acetylene by The Compressed Acetylene (Importation) Regulations 197822 | Licence for importation of compressed acetylene | £15 | £34 per hour worked |
Replacement of the above licence if lost | £15 | £34 per hour worked | |
Amendment to an existing licence | £15 | £34 per hour worked |
PART IIFEE OR MAXIMUM FEE PAYABLE IN RESPECT OF GRANTING AND RENEWAL OF AN EXPLOSIVES STORE LICENCE, THE REGISTRATION OR RENEWAL OF REGISTRATION OF PREMISES USED FOR KEEPING EXPLOSIVES AND THE GRANTING AND TRANSFER OF PETROLEUM SPIRIT LICENCES
1 | 2 | 3 |
---|---|---|
Provision under which a fee or maximum fee is payable | Purpose of application | Fee or maximum fee |
Explosives Act 1875 c. 17 | ||
Section 15 (see note 1) | A store licence | £58.50 |
Section 18 (see note 1) | Renewal of a store licence | £58.50 |
Section 21 (see note 1) | Registration and renewal of registration of premises for the keeping of explosives with a local authority | £10 |
Petroleum (Consolidation) Act 1928 c. 32 | ||
Section 4 (see notes 2 and 3) | Licence to keep petroleum spirit of a quantity— | |
not exceeding 2,500 litres | £28 for each year of licence | |
exceeding 2,500 litres but not exceeding 50,000 litres | £41.10 for each year of licence | |
exceeding 50,000 litres | £81 for each year of licence | |
Petroleum (Transfer of Transfer of Licences) Act 1936 c. 27 | ||
Section 1(4) | petroleum spirit licence | £7 |
Note:
|
PART IIIAPPLICATIONS UNDER PARAGRAPH (1) OF THE PROVISO TO ORDER IN COUNCIL (No. 30) OF 2ND FEBRUARY 193723 FOR APPROVALS OF PREMISES AND APPARATUS IN WHICH ACETYLENE IS TO BE MANUFACTURED OR KEPT
1 | 2 | 3 |
---|---|---|
Purpose of application | Fee | Fee for work by specialist inspector |
| £15 | £34 per hour worked |
| £15 | £34 per hour worked |
| £15 | £34 per hour worked |
PART IVAPPLICATIONS FOR COMPARISONS AND APPROVALS IN RESPECT OF CONDITIONS (1) AND (8) IN THE ORDER OF THE SECRETARY OF STATE (No. 9) of 23RD JUNE 191924.
1 | 2 | 3 |
---|---|---|
Purpose of application | Fee | Fee for work by specialist inspector |
| £26.40 | |
| £15.00 | £34 per hour worked |
| £15.00 | £34 per hour worked |
PART VMISCELLANEOUS APPLICATIONS
1 | 2 | 3 |
---|---|---|
Purpose of application | Fee | Fee for work by specialist inspector |
| £34 | £34 per hour worked |
| £122 | £34 per hour worked |
PART VIFURTHER FEES PAYABLE IN RESPECT OF CERTAIN TESTING REQUIRED BY THE HEALTH AND SAFETY EXECUTIVE
1 | 2 |
---|---|
Purpose of application | Fee |
| £65 per hour worked |
| £65 per hour worked |
| £65 per hour worked |
| £65 per hour worked |
| £65 per hour worked |
SCHEDULE 10FEES FOR GRANT OR ALTERATION OF THE TERMS OF AN EXPLOSIVES LICENCE UNDER PART IX OF THE DANGEROUS SUBSTANCES IN HARBOUR AREAS REGULATIONS 1987
1 | 2 |
---|---|
Purpose of application | Fee |
Grant of an explosives licence or alteration of the terms of an existing explosives licence | £254 plus £34 per hour worked |
SCHEDULE 11FEES RELATING TO OFFSHORE INSTALLATIONS
1 | 2 |
---|---|
Time spent | Fee per hour or part of hour spent |
On any day except a Saturday, Sunday or public holiday— | |
| £42.00 |
| £63.00 |
On a Saturday | £63.00 |
On a Sunday or public holiday | £84.00 |
SCHEDULE 12VOCATIONAL TRAINING CERTIFICATES UNDER THE ROAD TRAFFIC (TRAINING OF DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS) REGULATIONS 1992
1 | 2 |
---|---|
Description | Fee |
Issue or extension of vocational training certificate | £2.70 |
SCHEDULE 13REVOCATIONS
1 | 2 | 3 |
---|---|---|
Description of Instrument | Reference | Extent of revocation |
The Offshore Installations (Life-saving Appliances) Regulations 1977 | Regulation 11(4) and the Schedule | |
The Offshore Installations (Fire fighting Equipment) Regulations 1978 | Regulation 20(4) and the Schedule | |
The Health and Safety (Fees) Regulations 1992 | The Whole Regulations | |
The Health and Safety (Fees) Regulations 1993 | The Whole Regulations |