- Latest available (Revised)
- Point in Time (01/09/2013)
- Original (As made)
Version Superseded: 06/04/2015
Point in time view as at 01/09/2013.
There are currently no known outstanding effects for the The Biocidal Products (Fees and Charges) Regulations 2013 (revoked).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.—(1) These Regulations may be cited as the Biocidal Products (Fees and Charges) Regulations 2013 and come into force on 1st September 2013.
(2) These Regulations extend to Great Britain.
(3) These Regulations apply outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013 M1.
Marginal Citations
2.—(1) In these Regulations—
“the Biocides Regulation” means Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products M2;
“competent authority” means any of the competent authorities appointed by regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 M3;
“liability period” means—
the period beginning on 1st September 2013 and ending on 31st March 2014; or
from 1st April 2014, the period beginning on 1st April and ending on 31st March the following year; and
“the Northern Ireland Regulations” means the Biocidal Products Regulations (Northern Ireland) 2001 M4.
(2) Expressions used in both these Regulations and the Biocides Regulation have the same meaning in these Regulations as they have in the Biocides Regulation.
3. The functions of the Member State referred to in Article 80(2) of the Biocides Regulation are to be performed by the competent authority.
4.—(1) Each competent authority shall charge fees for—
(a)work it carries out within the scope of the Biocides Regulation which relates to the activities listed in column 1 of the Table in the Schedule; and
(b)work it carries out in order to evaluate an application under regulation 13 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013.
(2) Any fee payable under paragraph (1) shall be calculated in accordance with paragraphs (3) to (9).
(3) Where a fee is payable under paragraph (1), the competent authority shall prepare and send to the applicant, the person providing the information or the person making the request, as the case may be, an estimate of the cost of the work.
(4) The person to whom the estimate of costs specified in paragraph (3) is sent by the competent authority must pay to that authority the amount of that estimate within 30 days of its issue.
(5) Upon completion of the work, the competent authority must prepare a detailed statement of the work carried out and of the cost incurred by the competent authority or any person acting on its behalf in carrying out that work.
(6) If the cost referred to in paragraph (5) is greater than the amount estimated in accordance with paragraph (3), the competent authority must notify the amount of difference to the applicant, the person providing the information or the person making the request as the case may be, who must pay the amount of the difference, which will be the final fee payable, without delay.
(7) If the cost referred to in paragraph (5) is less than the amount estimated in accordance with paragraph (3), the fee shall be adjusted accordingly and the amount of difference shall be paid without delay by the competent authority to the applicant, the person providing the information or the person making the request, as the case may be.
(8) Subject to paragraph (9), in estimating or stating the cost of carrying out any work, the competent authority shall determine that cost by reference to the daily rate specified in column 2 of the Table in the Schedule that corresponds to the activity listed in column 1.
(9) The daily rate shall be adjusted pro rata for a period worked of less than 7.4 hours on any one day by—
(a)dividing the daily rate by 14.8 to create a half hourly rate; and
(b)multiplying that figure by the number of half hours worked, rounded up or down to the nearest half hour.
(10) Any unpaid fees may be recovered by a competent authority as a civil debt.
5.—(1) In respect of a given liability period a charge shall be payable to the competent authority on invoice by anyone placing one or more biocidal products on the market.
(2) The charge referred to in paragraph (1) shall be in respect of any costs incurred by or on behalf of—
(a)the competent authorities, in Great Britain; and
(b)the Health and Safety Executive for Northern Ireland, in Northern Ireland,
associated with making biocidal products available on the market, but shall not include any costs in respect of which a fee is payable under regulation 4.
(3) If a person (“P”) pays the annual fee under Article 80(1)(a) of the Biocides Regulation in respect of all biocidal products that P places on the market, P shall not be liable to pay the charge referred to in paragraph (1).
(4) No payment shall be required from a person liable to pay the charge referred to in paragraph (1) where that person has made a payment in respect of the same liability to another competent authority under these Regulations or under the Northern Ireland Regulations.
(5) The competent authority may exclude anyone from the requirement to pay a charge where that authority decides that it would not be fair to collect that charge.
(6) Where a person becomes liable to pay a charge in accordance with paragraph (1) at any time during the liability period, that person will be liable to pay a charge for the whole of that liability period.
(7) Any unpaid charge may be recovered by a competent authority as a civil debt.
6.—(1) Upon expiry of the liability period, the competent authority shall calculate the number of persons liable to pay the charge under regulation 5 in accordance with paragraph (2).
(2) The competent authority must calculate the charge by dividing the costs incurred during the liability period in accordance with regulation 5(2) by the number of persons by whom the charge is payable under these Regulations and the Northern Ireland Regulations.
7.—(1) Subject to paragraph (2), a person who is liable to pay a charge under regulation 5 must notify in writing to the competent authority, or a person designated by the competent authority—
(a)the name of the person liable to pay the charge and the address to which communications should be sent; and
(b)the name of the person to whom requests for payment of the charge should be made,
and must indicate clearly that the notification is for the purposes of this paragraph.
(2) A person is not required to make a notification under paragraph (1) if—
(a)that person has made an application for the authorisation of a biocidal product under the Biocides Regulation and that authorisation has been granted;
(b)that person has been granted a parallel trade permit under Article 53 of the Biocides Regulation;
(c)that person made a notification under paragraph 15 of Schedule 12A to the Biocidal Products Regulations 2001 M5 or paragraph 15 of Schedule 11A to the Northern Ireland Regulations prior to 1st September 2013; or
(d)that person was granted an authorisation in respect of a biocidal product under the Biocidal Products Regulations 2001 or under the Northern Ireland Regulations prior to 1st September 2013.
(3) The notification in paragraph (1) must be made—
(a)before the biocidal product is placed on the market; or
(b)if the product in question has already been placed on the market before 1st September 2013, by 1st December 2013.
(4) The competent authority must keep the information supplied pursuant to paragraph (1) on a register and, if there is a change to the details required to be notified under paragraph (1), the person liable to pay the charge must inform the competent authority, or the body designated by it under paragraph (1), in writing of the relevant changes, without delay.
Marginal Citations
M5S.I. 2001/880, as amended by S.I. 2003/429 and S.I. 2007/293.
8.—(1) The following regulations are revoked subject to paragraphs (2) and (3)—
(a)regulations 39 and 39A of, and Schedules 12 and 12A to, the Biocidal Products Regulations 2001; and
(b)regulation 3(c) of, and Schedule 1 to, the Biocidal Product (Amendment) Regulations 2003 M6.
(2) Regulation 39 of, and paragraphs 2, 3, and 7 to 12 of Schedule 12 to, the Biocidal Products Regulations 2001 continue to apply for the purposes of calculating the fee payable in respect of the evaluation of applications for biocidal product authorisations submitted before 1st September 2013 for the purposes of Directive 98/8/EC M7 under Regulation 15(1) of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013.
(3) Regulation 39A of, and Schedule 12A to, the Biocidal Products Regulations 2001, as inserted by regulation 3(c) of, and Schedule 1 to, the Biocidal Products (Amendment) Regulations 2003, continue to apply for the purposes of calculating the annual charge payable for the period beginning on 1st April 2013 and ending on 31st August 2013 as if, in Schedule 12A—
(a)the liability period in paragraph 1 means the period beginning on 1st April 2013 and ending on 31st August 2013;
(b)the costs referred to in paragraph 2 mean the costs incurred during the period beginning on 1st April 2013 and ending on 31st August 2013;
(c)in paragraph 7, the words “upon the expiry of the liability period” were replaced with the words “ after 31st March 2014 ”; and
(d)“the Ministers” means the competent authority.
Signed by the authority of the Secretary of State for Work and Pensions.
Mark Hoban
Minister of State,
Department for Work and Pensions
18th June 2013
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: