The Health and Safety (Fees) (Amendment) Regulations 1999

Regulation 2(a)

SCHEDULE 1 REGULATIONS TO BE INSERTED IN THE HEALTH AND SAFETY (FEES) REGULATIONS 1999

“Fees payable in respect of offshore installations

18A.— (1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 16 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.

(2) A fee shall be payable to the Executive by an operator or owner who has prepared a safety case pursuant to the 1992 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against—

(a) that operator or owner in relation to the installation to which the safety case relates;

(b) a contractor in relation to any work carried out by him on or in connection with that installation.

(3) In this regulation, regulation 18D and Schedule 16, “the 1992 Regulations” means the Offshore Installations (Safety Case) Regulations 1992(1), and “installation”, “safety case”, “operator” and “owner” have the same meanings as in those Regulations.

Fees payable in respect of railway safety functions

18B.— (1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 17 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.

(2) A fee shall be payable to the Executive by a railway operator who has prepared a safety case which has been accepted by the Executive pursuant to the 1994 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against—

(a) that railway operator in relation to the railway infrastructure, station or train operation to which that safety case relates;

(b) a contractor in relation to work carried out by him on or in connection with that railway infrastructure or station or in connection with that train operation.

(3) This regulation shall not apply to a function performed in relation to the tunnel system within the meaning of section 1(7) of the Channel Tunnel Act 1987(2).

(4) This regulation shall not apply to a function performed in relation to a railway if on no part of that railway there is a line speed exceeding 25 miles per hour and for the purposes of this paragraph “line speed” means the highest of the permitted speeds on the railway concerned and “permitted speed” means the maximum speed permitted on the part of the railway concerned.

(5) In this regulation, regulation 18D and Schedule 17 the “1994 Regulations” means the Railways (Safety Case) Regulations 1994(3), the “Approval Regulations” means the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994(4) and “railway”, “railway infrastructure”, “railway operator”, “safety case”, “station” and “train” have the same meanings as in the 1994 Regulations.

Fees payable in respect of gas safety functions

18C.— (1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 18 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.

(2) A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against—

(a) that person in relation to the network to which the safety case relates; and

(b) a contractor in relation to work carried out by him on or in connection with that network,

insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is conveyed or used.

(3) In this regulation, regulation 18D and Schedule 18 “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996(5), and “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations.

Provisions supplementary to regulations 18A to 18C

18D.— (1) The fees referred to in regulations 18A to 18C above 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, such invoice to 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 18A to 18C shall be recoverable only as a civil debt.

(3) Any fees payable under regulations 18A to 18C shall not include any costs connected with any—

(a) in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates' Court;

(b) in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as—

(i) the inspector undertaking the investigation refers the case to the Procurator Fiscal; or

(ii) the Procurator Fiscal intervenes in the investigation,

whichever is the sooner; or

(c) appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and, in England and Wales, regulation 8(4)(b) of, and Schedule 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993(6) and, in Scotland, regulation 8(4)(b) of, and Schedule 4 to, the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993(7).

(4) For the purposes of regulation 18A and paragraphs (3)(a) and (b) an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987(8) and in Scotland if it is in the Scottish area within the meaning of that article.

(5) Any reference in regulations 18A to 18C 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—

(a) any reference in those regulations to the installation, railway infrastructure, station, train operation or network to which the safety case relates were a reference to the installation, railway infrastructure, station, train operation or network to which the safety case would have related if it had been prepared in accordance with such requirement; and

(b) the reference in regulation 18B(2) to a safety case which has been accepted by the Executive were a reference to a safety case which is required to be accepted by the Executive.

(6) Any reference in regulations 18A and 18B to a person who has prepared a safety case includes a reference to a person who is treated as having prepared a safety case by virtue of (in the case of regulation 18A) regulation 2(9) of the 1992 Regulations or (in the case of regulation 18B) regulation 2(7) of the 1994 Regulations.

(7) Any reference in regulations 18A to 18C 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.

(8) Any reference in regulations 18A to 18C to a function conferred on an inspector by the 1974 Act 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 Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.”.

(1)

S.I. 1992/2885, amended by S.I. 1995/738, 1995/743, 1997/2776.

(2)

1987 c. 53.

(3)

S.I. 1994/237, amended by S.I. 1996/1592.

(4)

S.I. 1994/157; as amended by S.I. 1997/553. The Regulations are relevant statutory provisions within the meaning of section 53 of the Health and Safety at Work etc. Act 1974 (c. 37) by virtue of section 117(1) and (4) of the Railways Act 1993 (c. 43).

(5)

S.I. 1996/551.

(6)

S.I. 1993/2687, as amended by S.I. 1994/538 and 1996/1758. The title of these Regulations, formerly the “Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993” was amended by operation of section 1 of the Employment Rights (Dispute Resolution) Act 1998 c. 8.

(7)

S.I. 1993/2688, as amended by S.I. 1994/538 and 1996/1758. The title of these Regulations, formerly the “Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993” was amended by operation of section 1 of the Employment Rights (Dispute Resolution) Act 1998 c. 8.

(8)

S.I. 1987/2197.