The Health and Safety and Nuclear (Fees) Regulations 2022

Fees payable in relation to the Explosives Regulations 2014 and the Acetylene Safety (England and Wales and Scotland) Regulations 2014 E+W+S

9.—(1) Where an application in relation to a provision specified in column 1 of Part 1 of Schedule 7, for a purpose specified in column 2 of that Part, is made to a licensing authority which is the licensing authority by virtue of—

(a) paragraph 1(c) or (d) of Schedule 1 to the Explosives Regulations 2014(1); or

(b) paragraph 1(b), 2 or 4 of that Schedule in cases where the assent of the local authority is required under regulation 13(3) of those Regulations or is not required by virtue of regulation 13(4)(b) to (g) of those Regulations,

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to the licensing authority.

(2) In the case of an application for a purpose referred to in column 2 of Part 1 of Schedule 7 for a licence to manufacture or store ammonium nitrate blasting intermediate or to vary any such licence, the fee referred to in the corresponding entry in column 3 of that Part as an amount per hour worked—

(a) is to be adjusted pro rata for a period worked of less than one hour; and

(b) is payable prior to notification of the result of the application.

(3) A fee is payable by the applicant to the Executive where the Executive requires any work to be carried out by its 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 1 of Schedule 7 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose is that specified in the corresponding entry in column 4 of that Part for each hour worked adjusted pro rata for a period worked of less than one hour, and such fee is payable prior to notification of the result of the application.

(4) Where an application in relation to a provision specified in column 1 of Part 2 of Schedule 7, for a purpose specified in column 2 of that Part, is made to a licensing authority, which is the licensing authority by virtue of—

(a) paragraph 1(a) of Schedule 1 to the Explosives Regulations 2014; or

(b) paragraph 1(b), 2 or 4 of Schedule 1 to those Regulations in cases where the requirement for assent of the local authority under regulation 13(3) of those Regulations is disapplied by regulation 13(4)(a) of those Regulations,

the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.

(5) Where any application in relation to the provision specified in column 1 of Table 1 in Part 3 of Schedule 7 is made for a purpose specified in column 2 of that Table, the fee specified in the corresponding entry in column 3 of that Table is payable by the applicant to the chief officer of the police.

(6) Where, in relation to an application for an explosives certificate under the Explosives Regulations 2014, a check is carried out for the purposes of regulation 19(2)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee of £5 is payable by the applicant to the chief officer of police prior to that check being carried out.

(7) Parts 2 and 3 of Schedule 7 have effect subject to, respectively, the Notes to Parts 2 and 3.

(8) Where an application in relation to the 2014 Acetylene Regulations is made for a purpose specified in column 1 of Part 4 of Schedule 7, the fee specified in the corresponding entry in column 2 of that Part is payable to the licensing authority by the applicant within the meaning given in the 2014 Acetylene Regulations.

(9) An additional fee is payable by the applicant to the licensing authority (within the meaning given in the 2014 Acetylene Regulations) where work is required to be carried out by the licensing authority’s inspectors in connection with any application in relation to those Regulations that is made for a purpose specified in column 1 of Part 4 of Schedule 7 and for which there is a corresponding entry in column 3 of that Part.

(10) The fee for work in connection with any purpose specified in paragraph (9) is that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee is payable prior to the notification of the result of the application.

(11) For the purposes of this regulation and Schedule 7—

“the 1968 Act” means the Firearms Act 1968(2);

“the 2014 Acetylene Regulations” means the Acetylene Safety (England and Wales and Scotland) Regulations 2014(3);

“ammonium nitrate blasting intermediate”, “chief officer of police”, “explosives certificate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “prohibited person”, “shooters’ powder” and “site” have the same meanings as in the Explosives Regulations 2014(4);

“firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act(5);

“firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act(6) to a person who is registered as a firearms dealer under that section;

“relevant application under the 1968 Act” means an application under the 1968 Act—

(a)

for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; and

(b)

for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate; and

“relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate.

Commencement Information

I1 Reg. 9 in force at 21.12.2022, see reg. 1(1)

(1)

S.I. 2014/1638. This instrument was amended by S.I. 2014/3248. There are other amending instruments, but none is relevant to these Regulations.

(2)

1968 c. 27.

(3)

S.I. 2014/1639.

(4)

These definitions are found in regulation 2 of the Explosives Regulations 2014, except for “on-site mixing” which is defined in regulation 13(10)(b).

(5)

These definitions are found in section 57 of the Firearms Act 1968. The definition of “firearms dealer” was amended by section 31 of the Violent Crime Reduction Act 2006 (c. 38), paragraph 1 of schedule 2 to the Air Weapons and Licensing (Scotland) Act 2015 (2015 asp 10).

(6)

There are amendments to section 33 of the 1968 Act, but none is relevant to these Regulations.