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The Health and Safety and Nuclear (Fees) Regulations 2016

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This is the original version (as it was originally made).

Fees payable in respect of offshore installations

This section has no associated Explanatory Memorandum

14.—(1) A fee is payable to the Executive by the person referred to in column 2 of Schedule 10 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 is payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2005 Regulations or the 2015 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 one or more than one of the following—

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

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

(3) For the purposes of this regulation, regulation 17 and Schedule 10 —

“the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005(1);

“the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive)(Safety Case etc) Regulations 2015(2);

“competent authority” has the meaning given in the 2015 Regulations;

“installation”, “current safety case”, “safety case”, and “owner”, in a case concerning the 2005 Regulations have the same meanings as in those Regulations or, in a case concerning the 2015 Regulations, have the same meanings as in the 2015 Regulations; and

“operator”—

(a)

in a case concerning the 2005 Regulations has the meaning—

(i)

in the case of the dismantling of a fixed installation under regulation 11 of those Regulations, given in regulation 11(4) of those Regulations;

(ii)

in any other case, given in regulation 2(1) of those Regulations in relation to a production installation;

(b)

in a case concerning the 2015 Regulations, has the meaning given in those Regulations.

(1)

S.I. 2005/3117, as amended by S.I. 2015/398; there are other amending instruments but none are relevant.

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