Statutory Instruments
HEALTH AND SAFETY
Made
9th March 1999
Laid before Parliament
11th March 1999
Coming into force
1st April 1999
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 1974(1) (“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:
1.—(1) These Regulations may be cited as the Health and Safety (Fees) Regulations 1999 and shall come into force on 1st April 1999.
(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 Executive” means the Health and Safety Executive;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to–
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 1974(4) or are health and safety regulations);
“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; and
“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.
2.—(1) A fee shall be payable by the applicant to the Executive on each application 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) on application for such approval as is mentioned 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 the reasonable cost to the Executive of having the work carried out, the fee so costed shall be payable prior to the notification of the result of the application.
(3) Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result 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 as set out in Part III of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
3.—(1) A fee shall be payable by the applicant to the Executive on each application for approval of respiratory protective equipment–
(a)under the Factories Act 1961(5), or any regulations made or having effect as if made under that Act;
(b)under the Control of Lead at Work Regulations 1998(6);
(c)under the Ionising Radiations Regulations 1985(7);
(d)under the Control of Asbestos at Work Regulations 1987(8); and
(e)under the Control of Substances Hazardous to Health Regulations 1994(9).
(2) The fee payable on application for approval of respiratory protective equipment shall be that specified in column 2 of Schedule 2 (that is to say the reasonable cost to the Executive of having the work, including any testing, carried out).
4.—(1) A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974(10).
(2) The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
5.—(1) A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984(11).
(2) The fee payable on application for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
6.—(1) A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983(12).
(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.
7.—(1) A fee shall be payable to the 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).
8.—(1) A fee shall be payable to the 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 1998(13).
(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.
9.—(1) A fee shall be payable by the applicant to the 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 1985(14).
(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.
(4) A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (2) and the fee for work in connection with each such matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 3 of that Schedule for each hour or part of an hour worked.
(5) 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.
(6) Any fee payable under paragraph (4) or (5) shall be payable prior to notification of the result of the application.
10.—(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 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 the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
(7) Where the Executive requires an inspection of premises to be carried out in connection with an application for–
(a)a factory or magazine licence, or any amendment to such a licence, or
(b)the original approval of premises in which acetylene is to be manufactured or kept, or any amendment to such an approval, or
(c)the original approval of premises in which acetylene is compressed, or any amendment to such an approval,
a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling an subsistence of any member of the Executive’s staff in connection with the inspection.
11. Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928(15) or section 1(4) of the Petroleum (Transfer of Licences) Act 1936(16) the fees in respect of applications 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.
12.—(1) A fee shall be payable by the applicant to the 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 1987(17).
(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.
13.—(1) A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996(18) where a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
(2) The validity of a vocational training certificate may only be extended in accordance with paragraph (6) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 11 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.
14.—(1) A fee shall be payable by the applicant to the Secretary of State on each application for an original approval or a renewal of any approval of–
(a)training under regulations 4(3)(a); or
(b)a refresher course under regulation 4(6)(a),
of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996(19).
(2) The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Schedule 12 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule.
15.—(1) An individual may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999(20) where a fee of the sum specified in Schedule 13 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
(2) The validity of a vocational training certificate may only be extended in accordance with paragraph (5) of regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 13 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
(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.
16. Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(2), 2(3)(b), 3(2) or 10(6), the Executive shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out.
17.—(1) A fee shall be payable by a notifier to the Executive on each notification of the intention to use premises for activities involving genetic modification for the first time and of individual activities involving genetic modification under the Genetically Modified Organisms (Contained Use) Regulations 1992(21).
(2) The fee payable for each notification described in column 1 of Schedule 14 shall be that specified in the corresponding entry in column 2 of that Schedule.
18.—(1) The fee fixed by column 2 of Schedule 15 shall be payable by a notifier to the Executive on each such notification or application under the Notification of New Substances Regulations 1993(22) as is referred to in the corresponding entry in column 1 of that Schedule.
(2) The Executive shall repay to the notifier the amount of any rebate due to the notifier in the circumstances described in Schedule 15.
19. The Health and Safety (Fees) Regulations 1997(23) are hereby revoked.
Signed by authority of the Secretary of State
Parliamentary Under-Secretary of State,
Department of Environment, Transport and the Regions
1999
Regulation 2
| 1 | 2 | 3 | 4 |
|---|---|---|---|
| Subject matter of approval | Fee for an original approval | Fee for amendment of approval | Fee for renewal of approval |
(a)Approval of breathing apparatus | £1,329 | £664 | £56 |
(b)Approval of dust respirators | the reasonable cost to the Executive of having the work carried out | ||
(c)Approval of explosives | £199 | £137 | £56 |
(d)Approval of locomotive or other vehicle | £2,594 | £659 | £56 |
(e)Approval of electrical equipment for use in potentially gassy zones | £803 | £515 | £56 |
(f)Approval of methanometers | £371 | £227 | £56 |
(g)Approval of electric safety lamps | £371 | £227 | £56 |
(h)Approval of other types of apparatus | £190 | £190 | £56 |
| 1 | 2 |
|---|---|
| Test | Fee for test |
(a)Ballistic pendulum shot | £115 |
(b)Break test shot | £185 |
(c)Deflagration shot | £145 |
(d)Detonator test (per 100 shots) | £1,130 |
(e)Detonator delay time test (per 100 shots) | £895 |
(f)Gallery shot | £210 |
(g)Mortar shot | £115 |
(h)Velocity of detonation test (per 3 shots) | £365 |
The fee for any testing not fixed by Part II of this Schedule shall be the reasonable cost to the Executive of having the testing carried out.
Regulation 3
| 1 | 2 |
|---|---|
| Subject matter of approval | Fee |
| Approval of respiratory protective equipment | the reasonable cost to the Executive of having the work, including any testing, carried out |
Regulation 4
| 1 | 2 |
|---|---|
| Subject matter of approval | Fee |
(a)Original approval of tractor cab | £286 |
(b)Revision of an existing approval of a tractor cab | £157 |
Regulation 5
| 1 | 2 |
|---|---|
| Subject matter of approval | Fee |
| Approval of scheme or programme for examination of freight containers | £75 |
Regulation 6
| 1 | 2 |
|---|---|
| Subject matter of licence | Fee |
| Licence for work with asbestos insulation or asbestos coating or asbestos insulating board or renewal of (original) licence | £505 |
Regulation 7
| 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|
| Provision | Reference | Basic Fee | Additional fees where appropriate | |
| Fee for X-Rays | Fee for Laboratory tests | |||
(a)The Ionising Radiations Regulations 1985 | S.I. 1985/1333 | £27 where surveillance is confined to examination of, and making entries in, records £43 in other cases | £49 | £30 |
(b)The Control of Asbestos at Work Regulations 1987 | S.I. 1987/2115 | £48 | £49 | £30 |
(c)The Control of Substances Hazardous to Health Regulations 1994 | S.I. 1994/3246 | £48 | £49 | £30 |
(d)The Work in Compressed Air Regulations 1996 | S.I. 1996/1656 | £45 | £49 | £30 |
Regulation 8
| 1 | 2 |
|---|---|
| Item | Fee |
(a)On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment) | £49 |
(b)On each subsequent assessment of an employee– | |
(i)for laboratory tests where these are carried out | £30 |
(ii)for a clinical medical examination where this is carried out | £30 |
Regulation 9
| 1 | 2 | 3 |
|---|---|---|
| Description | Fee | Fee for work by Nuclear or Specialist Inspector |
| Approval or reassessment of approval of Dosimetry Services granted under regulation 15 of the Ionising Radiations Regulations 1985 | ||
| Group 1 | ||
| Dose record keeping | ||
(a)Where the application is solely in respect of Group 1 functions | £97 | £48 per hour worked |
(b)Where the application for Group 1 functions is linked to an application in respect of functions in another group | £97 | £48 per hour worked |
| Group II | ||
| External dosimetry | ||
(a)Whole body (beta, gamma, thermal neutrons) film | £97 | £48 per hour worked |
(b)Whole body (beta, gamma, thermal neutrons) thermoluminescent dosemeter (TLD) | £97 | £48 per hour worked |
(c)Whole body (neutron), other than sub-groups (a) or (b) | £97 | £48 per hour worked |
(d)Whole body, other than sub-groups (a), (b) or (c) | £97 | £48 per hour worked |
(e)Extremity monitoring | £97 | £48 per hour worked |
(f)Accident dosimetry, other than in the previous sub-groups | £97 | £48 per hour worked |
| Group III | ||
| Internal Dosimetry | ||
(a)Bio-assay, in-vivo monitoring or air sampling | £97 | £48 per hour worked |
(b)for each additional one of the above techniques | £97 | £48 per hour worked |
| 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) | £102 | £48 per hour worked |
Regulation 10
| 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 | £555 | £41 per hour worked |
| Magazine licence | £555 | £41 per hour worked | |
| Replacement of one of the above licences if lost | £25 | ||
| Section 12 (as applied to explosives other than gunpowder by sections 39 and 40) | Factory amending licence | £214 | £41 per hour worked |
| Magazine amending licence | £214 | £41 per hour worked | |
| Replacement of one of the above licences if lost | £25 | ||
| Section 40(9)(24) as applied to compressed acetylene by the Compressed Acetylene (Importation) Regulations 1978(25) | Licence for importation of compressed acetylene | £17 | £41 per hour worked |
| Replacement of the above licence if lost | £17 | ||
| Amendment to an existing licence | £17 | £41 per hour worked |
| 1 | 2 | 3 |
|---|---|---|
| Provision under which a fee or maximum fee is payable | Purpose of application | Fee or maximum fee |
Note: 1. Part 1 of the Explosives Act 1875 (which includes sections 15, 18 and 21) is applied to explosives other than gunpowder by sections 39 and 40 of that Act. 2. In the case of a solid substance for which by virtue of an Order in Council made under section 19 of the Petroleum (Consolidation) Act 1928 a licence is required, the fee payable under this Schedule shall be calculated as if one kilogram of the substance were equivalent to one litre. 3. The fee payable for a licence of more or less than one year’s duration shall be the fee set out above increased or decreased, as the case may be, proportionately according to the duration of the period for which the licence is granted or renewed. | ||
| Explosives Act 1875 c. 17 | ||
| Section 15 (see note 1) | A store licence | £65.50 |
| Section 18 (see note 1) | Renewal of a store licence | £65.50 |
| Section 21 (see note 1) | Registration and renewal of registration of premises for the keeping of explosives with a local authority | £11.20 |
| 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 | £31.30 for each year of licence | |
| exceeding 2,500 litres but not exceeding 50,000 litres | £46.30 for each year of licence | |
| exceeding 50,000 litres | £90.90 for each year of licence | |
| Petroleum (Transfer of Licences) Act 1936 c. 27 | ||
| Section 1(4) | Transfer of petroleum spirit licence | £7.40 |
| 1 | 2 | 3 |
|---|---|---|
| Purpose of application | Fee | Fee for work by Specialist Inspector |
(a)Original approval of premises in which acetylene is to be manufactured or kept | £17 | £41 per hour worked |
(b)Amendment of an approval of premises in which acetylene is to be manufactured or kept | £17 | £41 per hour worked |
(c)Approval of apparatus in which acetylene is to be manufactured or kept | £17 | £41 per hour worked |
| 1 | 2 | 3 |
|---|---|---|
| Purpose of application | Fee | Fee for work by Specialist Inspector |
(a)Comparison of a porous substance with a sample porous substance | £31 | |
(b)Original approval of premises in which acetylene is compressed | £17 | £41 per hour worked |
(c)Amendment of an approval of premises in which acetylene is compressed | £17 | £41 per hour worked |
| 1 | 2 | 3 |
|---|---|---|
| Purpose of application | Fee | Fee for work by Specialist Inspector |
(a)Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983(28) or authorisation of an explosive under section 40(9) of the Explosives Act 1875(29). | £168 | |
(b)Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967(30). | £176 | £41 per hour worked |
| 1 | 2 |
|---|---|
| Purpose of application | Fee |
(a)Application for a licence for the importation of compressed acetylene (Part I above) | the reasonable cost to the Executive of having the work carried out |
(b)Approval of apparatus in which acetylene is to be manufactured or kept (Part III above) | ditto |
(c)Comparison of a porous substance with a sample porous substance (Part IV above) | ditto |
(d)Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 or authorisation of an explosive under section 40(9) of the Explosives Act 1875 (Part V above) | ditto |
(e)Application for a licence to manufacture explosives in pursuance of the Ammonium Nitrate Mixtures Exemption Order 1967 (Part V above) | ditto |
Regulation 12
| 1 | 2 |
|---|---|
| Purpose of Application | Fee |
| Grant of an explosives licence or alteration of the terms of an existing explosives licence | £487 plus £41 per hour worked |
Regulation 13
| 1 | 2 |
|---|---|
| Description | Fee |
| Issue or extension of vocational training certificate | £2.80 |
Regulation 14
| 1 | 2 | 3 |
|---|---|---|
| Purpose of Application | Fee for an original approval | Fee for renewal of approval |
(a)For approval of training | £1,000 | £600 |
(b)For approval of a refresher course | £1,000 | £600 |
Regulation 15
| 1 | 2 |
|---|---|
| Description | Fee |
(a)Issue or extension of vocational training certificate | £170 |
Regulation 17
| 1 | 2 |
|---|---|
| Description | Fee |
(a)Notification of intention to use premises for activities involving genetic modification for the first time under regulation 8 other than a case where a consent is required under regulation 8(3). | £150 |
(b)Notification of the intention to use premises for activities involving genetic modification for the first time, where a consent is required under regulation 8(3). | £150 |
(c)Notification of individual activities involving genetic modification under regulation 9, other than a case where a consent is required under regulation 9(5). | £400 |
(d)Notification of individual activities involving genetic modification where a consent is required under regulation 9(5). | £500 |
Regulation 18
| 1 | 2 |
|---|---|
| Subject matter | Fee payable |
| For the evaluation of a notification under regulation 4 (“base set”) (see note 1) | £6,330 (plus £364 VAT) |
| For the evaluation of a notification under regulation 5(1)(a) (> 10 tonnes per year) | £2,080 |
| For the evaluation of a notification under regulation 5(1)(b) (> 100 tonnes per year) | £4,368 |
| For the evaluation of a notification under regulation 5(1)(c) (> 1000 tonnes per year) | £3,640 |
| For a notification under regulation 6 (see note 2) – | |
(a)quantity of the new substance equal to or more than 100 kg (regulation 6(1)) | £1,216 (plus £91 VAT) |
(b)quantity of the new substance up to 100 kg (regulation 6(2)) | £1,951 (plus £91 VAT) |
| For an application made by a notifier for an exemption relating to him under regulation 23 | £2,080 |
| Note 1. Rebate where an adequate draft risk assessment is included | £2,080 (plus £364 VAT) |
| Note 2. Rebate where an adequate draft risk assessment is included | £520 (plus £91 VAT) |
(This Note is not part of the Regulations)
1. These Regulations update and replace the Health and Safety (Fees) Regulations 1997 (S.I. 1997/2505). They fix or determine the fees payable by an applicant to the Health and Safety Executive in respect of an application made for–
(a)an approval under mines and quarries legislation (regulation 2 and Schedule 1);
(b)an approval of certain respiratory protective equipment (regulation 3 and Schedule 2);
(c)an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 4 and Schedule 3);
(d)an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 5 and Schedule 4);
(e)a licence under the Asbestos (Licensing) Regulations 1983 (regulation 6 and Schedule 5);
(f)an approval of dosimetry services and type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985 (regulation 9 and Schedule 8);
(g)an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments thereunder, for a licence under the Petroleum (Consolidation) Act 1928 or for the classification of an article, substance, combination, or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 10 and Schedule 9);
(h)an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 12 and Schedule 10);
(i)an approval under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 14 and Schedule 12);
and in respect of–
(j)a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 13 and Schedule 11);
(k)a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (regulation 15 and Schedule 13);
(l)a notification under the Genetically Modified Organisms (Contained Use) Regulations 1992 (regulation 17 and Schedule 14);
(m)a notification or application under the Notification of New Substances Regulations 1993 (regulation 18 and Schedule 15).
2. The Regulations also update the fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 7 and 8 and Schedules 6 and 7).
3. The Regulations update maximum fees which may be charged under the Explosives Act 1875, the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 (regulation 10(2) and Schedule 9, Part II).
4. The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows:
| Provision of these Regulations which fixes or determines the fees | Previous Fee | New Fee | ||||
|---|---|---|---|---|---|---|
| Original approval | Amendment of approval | Renewal of approval | Original approval | Amendment of approval | Renewal of approval | |
| Schedule 1 | ||||||
| Part I | ||||||
| Approval of breathing apparatus | £1,298 | £649 | £56 | £1,329 | £664 | £56 |
| Approval of dust respirators | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | ||||
| Approval of explosives | £199 | £137 | £56 | £199 | £137 | £56 |
| Approval of locomotive or other vehicle | £2,552 | £647 | £56 | £2,594 | £659 | £56 |
| Approval of electrical equipment for use in potentially gassy zones | £789 | £506 | £56 | £803 | £515 | £56 |
| Approval of methanometers | £364 | £223 | £56 | £371 | £227 | £56 |
| Approval of electric safety lamps | £364 | £223 | £56 | £371 | £227 | £56 |
| Approval of other types of apparatus essential for safety | £187 | £187 | £56 | £190 | £190 | £56 |
| Part II | ||||||
| Ballistic pendulum shot | £93 | £115 | ||||
| Break test shot | £143 | £185 | ||||
| Deflagration | £110 | £145 | ||||
| Detonator test (per 100 shots) | £900 | £1130 | ||||
| Detonator delay time test (per 100 shots) | £690 | £895 | ||||
| Gallery shot | £172 | £210 | ||||
| Mortar shot | £92 | £115 | ||||
| Velocity of detonation test (per 3 shots) | £274 | £365 | ||||
| Part III | ||||||
| Other testing not fixed in Parts I and II | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | ||||
| Schedule 2 | ||||||
| Approval of respiratory protective equipment | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | ||||
| Schedule 3 | ||||||
| Original approval of tractor cab | £269 | £286 | ||||
| Revision of an existing approval of a tractor cab | £148 | £157 | ||||
| Schedule 4 | ||||||
| Approval of scheme or programme for examination of freight containers | £75 | £75 | ||||
| Schedule 5 | ||||||
| Licence for work with asbestos insulations, asbestos coating or asbestos insulating board or renewal of licence | £362 | £505 | ||||
| Basic | X-Rays | Laboratory tests | Basic | X-Rays | Laboratory tests | |
| Schedule 6 | ||||||
The Ionising Radiations Regulations 1985 (a) where surveillance is confined to examination of, and making entries in, records | £26 | £47 | £28 | £27 | £49 | £30 |
(b)in other cases | £42 | £47 | £28 | £43 | £49 | £30 |
| Control of Asbestos at Work Regulations 1987 | £46.50 | £47 | £28 | £48 | £49 | £30 |
| Control of Substances Hazardous to Health Regulations 1994 | £46.50 | £47 | £28 | £48 | £49 | £30 |
| The Work in Compressed Air Regulations 1996 | £43.65 | £47 | £28 | £45 | £49 | £30 |
| Schedule 7 | ||||||
| On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment). | £47 | £49 | ||||
On each subsequent assessment of an employee– (i) for laboratory tests where these are carried out | £28 | £30 | ||||
(ii)for a clinical medical examination where this is carried out | £29 | £30 | ||||
| Schedule 8 | ||||||
| Group 1 | ||||||
| Dose record keeping where the application is solely in respect of Group I function | £96 plus £46.21 per hour worked by Nuclear or Specialist Inspector | £97 plus £48 per hour worked by Nuclear or Specialist Inspector | ||||
| Dose record keeping where the application for Group I functions is linked to an application for approval in another group | £96 plus £46.21 per hour worked by Nuclear or Specialist Inspector | £97 plus £48 per hour worked by Nuclear or Specialist Inspector | ||||
| Group II | ||||||
| External dosimetry | £96 plus £46.21 per hour worked by Nuclear or Specialist Inspector | £97 plus £48 per hour worked by Nuclear or Specialist Inspector | ||||
| Group III | ||||||
Internal dosimetry (a) Bio-assay or in-vivo monitoring or air sampling | £96 plus £46.21 per hour worked by Nuclear or Specialist Inspector | £97 plus £48 per hour worked by Nuclear or Specialist Inspector | ||||
(b)for each additional technique | £96 plus £46.21 per hour worked by Nuclear or Specialist Inspector | £97 plus £48 per hour worked by Nuclear or Specialist Inspector | ||||
| 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 | £99 plus £46.21 per hour worked by Nuclear or Specialist Inspector | £102 plus £48 per hour worked by Nuclear or Specialist Inspector | ||||
| Schedule 9 Part I | ||||||
| Factory licence | £552 plus £40.05 per hour worked by Specialist Inspector | £555 plus £41 per hour worked by Specialist Inspector | ||||
| Magazine licence | £552 plus £40.05 per hour worked by Specialist Inspector | £555 plus £41 per hour worked by Specialist Inspector | ||||
| Factory amending licence | £214 plus £40.05 per hour worked by Specialist Inspector | £214 plus £41 per hour worked by Specialist Inspector | ||||
| Magazine amending licence | £214 plus £40.05 per hour worked by Specialist Inspector | £214 plus £41 per hour worked by Specialist Inspector | ||||
| Replacement of the above licences if lost | £25 | £25 | ||||
| Licence for importation of compressed acetylene | £16.70 plus £40.05 per hour worked by Specialist Inspector | £17 plus £41 per hour worked by Specialist Inspector | ||||
| Replacement of the above licence if lost | £25 | £25 | ||||
| Amendment to an existing licence | £16.70 plus £40.15 per hour worked by Specialist Inspector | £17 plus £41 per hour worked by Specialist Inspector | ||||
| Part II | ||||||
| A store licence | £63.70 | £65.50 | ||||
| Renewal of a store licence | £63.70 | £65.50 | ||||
| Registration and renewal of registration of premises for the keeping of explosives with a local authority | £10.90 | £11.20 | ||||
Licence to keep petroleum spirit of a quantity–
| £30.40 for each year of licence | £31.30 for each year of licence | ||||
| £45 for each year of licence | £46.30 for each year of licence | ||||
| £88.40 for each year of licence | £90.90 for each year of licence | ||||
| Transfer of petroleum spirit licence | £7.20 | £7.40 | ||||
| Part III | ||||||
| Original approval of premises in which acetylene is to be manufactured or kept | £16.70 plus £40.05 per hour worked by Specialist Inspector | £17 plus £41 per hour worked by Specialist Inspector | ||||
| Amendment of an approval of premises in which acetylene is to be manufactured or kept | £16.70 plus £40.05 per hour worked by Specialist Inspector | £17 plus £41 per hour worked by Specialist Inspector | ||||
| Approval of apparatus in which acetylene is to be manufactured or kept | £16.70 plus £40.05 per hour worked by Specialist Inspector | £17 plus £41 per hour worked by Specialist Inspector | ||||
| Part IV | ||||||
| Comparison of a porous substance with a sample porous substance | £30 | £31 | ||||
| Original approval of premises in which acetylene is compressed | £16.70 plus £40.05 per hour worked by Specialist Inspector | £17 plus £41 per hour worked by Specialist Inspector | ||||
| Amendment of an approval of premises in which acetylene is compressed | £16.70 plus £40.05 per hour worked by Specialist Inspector | £17 plus £41 per hour worked by Specialist Inspector | ||||
| Part V | ||||||
| Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 or authorisation of an explosive under section 40(9) of the Explosives Act 1875 | £133 | £168 | ||||
| Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967 | £162 plus £40.05 per hour worked by Specialist Inspector | £176 plus £41 per hour worked by Specialist Inspector | ||||
| Part VI | ||||||
| Testing in connection with specified applications in Parts I, III, IV or V | Reasonable cost to the Executive of having the testing carried out | Reasonable cost to the Executive of having the testing carried out | ||||
| Schedule 10 | ||||||
| Grant of an explosives licence or alteration of the terms of an existing explosives licence | £390 plus £40.05 per hour worked | £487 plus £41 per hour worked | ||||
| Schedule 11 | ||||||
| Vocational training certificates under regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 | £2.80 | £2.80 | ||||
| Schedule 12 (formerly Schedule 14) | ||||||
| Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 | ||||||
| Approval of training | £1,000 | £1,000 | ||||
| Approval of a refresher course under regulation 4(6)(a) | £1,000 | £1,000 | ||||
| Fee for renewal of approval | £600 | £600 | ||||
| Schedule 13 (formerly Schedule 11A) | £170 | £170 | ||||
| Vocational training certificates under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 | £170 | £170 | ||||
| Issue of extension of vocational training certificates | £170 | |||||
| Schedule 14 (formerly Schedule 12) | ||||||
| Genetically Modified Organisms (Contained Use) Regulations 1992 | ||||||
| Notification of intention to use premises for activities involving genetic modification for the first time under regulation 8 other than a case where a consent is required under regulation 8(3) | £111 | £150 | ||||
| Notification of intention to use premises for activities involving genetic modification for the first time, where a consent is required under regulation 8(3) | £111 | £150 | ||||
| Notification of individual activities involving genetic modification under regulation 9 other than in a case where a consent is required under regulation 9(5) | £125 | £400 | ||||
| Notification of individual activities involving genetic modification where a consent is required under regulation 9(5) | £240 | £500 | ||||
| Schedule 13 (now Schedule 15) | ||||||
| Notification of New Substances Regulations 1993 | ||||||
| For the evaluation of a notification under regulation 4 (“base set”) (see note 1) | £6,090 plus £350 VAT | £6,330 plus £364 VAT | ||||
| For the evaluation of a notification under regulation 5(1)(a) (> 10 tonnes per year) | £2,000 | £2,080 | ||||
| For the evaluation of a notification under regulation 5(1)(b) (> 100 tonnes per year) | £4,200 | £4,368 | ||||
| For the evaluation of a notification under regulation 5(1)(c) (> 1000 tonnes per year) | £3,500 | £3,640 | ||||
For a notification under regulation 6 (see note 2)– (a) quantity of the new substance equal to or more than 100 kg (regulation 6(1)) | £1,170 plus £87.50 VAT | £1,216 plus £91 VAT | ||||
(b)quantity of the new substance up to 100 kg (regulation 6(2)) | £915 plus £87.50 VAT | £951 plus £91 VAT | ||||
| For an application made by a notifier for an exemption relating to him under regulation 23 | £2,000 | £2,080 | ||||
| Note 1. Rebate where an adequate draft risk assessment is included | £2,000 plus £350 VAT | £2,080 plus £364 VAT | ||||
| Note 2. Rebate where an adequate draft risk assessment is included | £500 plus £87.50 VAT | £520 plus £91 VAT | ||||
1974 c. 37; section 43 was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 12.
S.I. 1987/2115 to which there are amendments not relevant to these Regulations.
S.I. 1994/3246 to which there are amendments not relevant to these Regulations.
S.I. 1974/2034; relevant amending instruments are S.I. 1976/1247, 1980/1036, 1981/1414 and 1990/1075.
S.I. 1983/1649 as amended by S.I. 1998/3233.
1928 c. 32; relevant amending instruments are S.I. 1974/1942 and S.I. 1987/52.
1936 c. 27; relevant amending instruments are S.I. 1974/1942 and S.I. 1987/52.
S.I. 1996/2094 as amended by S.I. 1999/303.
S.I. 1992/3217 as amended by S.I. 1996/967, and S.I. 1998/1548.
S.I. 1993/3050 as amended by S.I. 1997/654.
S.I. 1997/2505 as amended by S.I. 1999/257 and S.I. 1999/303.
Section 40(9) was amended by S.I. 1974/1885 and was applied to compressed acetylene by S.I. 1978/1723; the effect of section 40(9) of the Explosives Act 1875 (c. 17) in so far as it applied to acetylene by virtue of Order in Council (No. 30) dated 2nd February 1937 (S.R. & O. 1937/54) was saved by regulation 12 of, and Part I of Schedule 4 to, the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714).
S.R. & O. 1937/54; relevant amending instruments are S.R. & O. 1947/805 and S.I. 1974/1885.
S.R. & O. 1919/809; amended by S.I. 1974/1885.
1875 c. 17; section 40(9) was modified by regulation 12, and Part I of Schedule 4 to, the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (S.I. 1993/2714.)