Health and Safety (Fees) Regulations (Northern Ireland) 2003

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health and Safety (Fees) Regulations (Northern Ireland) 2003 and shall come into operation on 19th January 2004.

(2) In these Regulations –

“employment medical adviser” means an employment medical adviser appointed under Article 48(3) of the 1978 Order; and

“renewal of licence” means the granting of a licence to follow a previous licence without any amendment or gap in time.

(3) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Fees payable under the Petroleum (Consolidation) Act (Northern Ireland) 1929 and the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937

2.  The fee payable under each provision specified in column 1 of Schedule 1 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Schedule.

Date from which fees are payable under the Petroleum (Consolidation) Act (Northern Ireland) 1929 and the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937

3.  Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act (Northern Ireland) 1929(2) or section 1(4) of the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937(3), the fees specified in Schedule 1 shall be payable for any petroleum-spirit licence first having effect or any transfer or renewal of a licence first taking effect on or after the date of the coming into operation of these Regulations irrespective of the date of the application for that licence, transfer or renewal.

Fees payable for medical examination or surveillance by an employment medical adviser

4.—(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 2.

(2) The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when the 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 or surveillance.

(3) For the purposes of paragraph (2), in the case of an examination or surveillance carried out for the purposes of a provision specified in column 1 of Schedule 2 –

(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 or any one occasion when surveillance is carried out;

(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 or any one occasion when surveillance is carried out.

(4) 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 (Northern Ireland) 2003(4), that self-employed person shall pay to the Executive fees ascertained in accordance with paragraphs (2) and (3).

Fees payable for medical surveillance by an employment medical adviser under the Ionising Radiations Regulations (Northern Ireland) 2000

5.—(1) Fees shall be payable in accordance with paragraphs (2) and (3) by an employer to the Executive in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Ionising Radiations Regulations (Northern Ireland) 2000(5).

(2) Subject to paragraph (3), where the medical surveillance includes an examination of, or interview with, the employee, the fee shall be a basic fee for each examination or interview or combination thereof of £58 together with an additional fee of £59 in respect of all X-rays taken, and £35 in respect of all laboratory tests carried out, in connection with any one such examination or interview or combination thereof.

(3) Where the medical surveillance is confined to an examination of, and making of entries in, records, the fee shall be £31.

Fees payable for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations (Northern Ireland) 2003

6.—(1) Fees shall be payable in accordance with paragraph (2) by an employer to the Executive 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 (Northern Ireland) 2003(6).

(2) The fee payable for each item described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fees payable for various applications under the Asbestos (Licensing) Regulations (Northern Ireland) 1984

7.—(1) A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations (Northern Ireland) 1984(7) (“the 1984 Regulations”).

(2) The fee payable on application for a licence described in column 1 of Table 1 to Schedule 4 shall be that specified in column 2 of that Table.

(3) Where the Executive refuses to grant an applicant a licence under the 1984 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.

(4) The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 to Schedule 4.

(5) Where the Executive amends a licence granted under the 1984 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.

(6) The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 to Schedule 4.

(7) Where the Executive replaces a lost licence granted under the 1984 Regulations or the Executive amends a licence granted under the 1984 Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.

(8) The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 to Schedule 4.

Fee payable on application for approval under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992

8.—(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 containers under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992(8).

(2) The fee payable on application for the approval described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.

Fees associated with notifications and applications under the Notification of New Substances Regulations (Northern Ireland) 1994

9.—(1) The fee specified in column 2 of Table 1 to Schedule 6 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations (Northern Ireland) 1994(9), on each such notification or application under those Regulations as is referred to in the corresponding entry in column 1 of that Table.

(2) In the circumstances described in column 1 of Table 2 to Schedule 6, the fee specified in the corresponding entry in column 2 of that Table shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.

(3) In Schedule 6 –

“the 1985 Regulations” means the Notification of New Substances Regulations (Northern Ireland) 1985(10);

“the 1994 Regulations” means the Notification of New Substances Regulations (Northern Ireland) 1994;

“the predecessor Directive” has the same meaning as is given to “the Directive” in the first mentioned Regulations;

“RTP polymer” means a polymer, which word has the same meaning in the second mentioned Regulations, for which a reduced test package is acceptable pursuant to paragraph C.2 of Part D of Schedule 2 to those second mentioned Regulations; and,

references in that Schedule to “competent authority”, “the Directive”, “member State” and “process-orientated research and development” have the same meanings as in those second mentioned Regulations.

Fees associated with notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001

10.—(1) The fee specified in column 2 of Schedule 7 shall be payable by a notifier to the competent authority on each notification or application under the 2001 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.

(2) A fee shall not be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2001 Regulations or a notifier withdraws his notification pursuant to regulation 15(7) of the 2001 Regulations.

(3) In this regulation, “the 2001 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001(11) and “competent authority” has the same meaning as in those Regulations.

Fee payable for vocational training certificates under the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997

11.—(1) A driver may only be issued with a vocational training certificate in accordance with regulation 4(1) of the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997(12) where a fee of the sum specified in Schedule 8 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 (Northern Ireland) 1997 where, within the period of twelve 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 8 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 Article 40(4) of the 1978 Order.

Fee payable on application for approval under the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997

12.—(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 regulation 4(3)(a); or

(b) a refresher course under regulation 4(6)(a),

of the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997.

(2) The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Schedule 9 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule (that is to say the reasonable cost to the Secretary of State of having the work carried out).

Fee payable for a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations (Northern Ireland) 2000

13.—(1) An individual may only be issued with a vocational training certificate in accordance with regulation 7(1) of the Transport of Dangerous Goods (Safety Advisers) Regulations (Northern Ireland) 2000(13) where a fee as specified in Schedule 10 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 (Northern Ireland) 2000 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 as specified in Schedule 10 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 Article 40(4) of the 1978 Order.

Fees payable in respect of offshore installations

14.—(1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 11 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 1993 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 1978 Order 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 16 and Schedule 11, “the 1993 Regulations” means the Offshore Installations (Safety Case) Regulations (Northern Ireland) 1993(14), and “installation”, “safety case”, “operator” and “owner” have the same meanings as in those Regulations.

Fees payable in respect of gas safety functions

15.—(1) A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 12 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 1997 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 1978 Order 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 16 and Schedule 12, “the 1997 Regulations” means the Gas Safety (Management) Regulations (Northern Ireland) 1997(15) and “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1997 Regulations.

Provisions supplementary to regulations 14 and 15

16.—(1) The fees referred to in regulations 14 and 15 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 invoices 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 14 and 15 shall not include any costs connected with any –

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

(b) appeal pursuant to Article 26 of the 1978 Order (appeal against improvement or prohibition notice) and regulation 6(5) of, and Schedule 4 to, the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996(16).

(3) For the purposes of regulation 14 and paragraph (2)(a), an installation shall be treated as being in Northern Ireland if it is in the Northern Irish area within the meaning of Article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987(17).

(4) Any reference in regulations 14 and 15 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 any reference in those regulations to the installation or network to which the safety case relates were a reference to the installation or network to which the safety case would have related if it had been prepared in accordance with such requirement.

(5) Any reference in regulation 14 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 regulation 2(9) of the 1993 Regulations.

(6) Any reference in regulations 14 and 15 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.

(7) Any reference in regulations 14 and 15 to a function conferred on an inspector by the 1978 Order 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 Order which is exercised for the purpose of carrying into effect those provisions in relation to that person.

Revocations

17.—(1) The Regulations specified in column 1 of Schedule 13 are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.

(2) Subject to paragraph (3), the Health and Safety (Fees) Regulations (Northern Ireland) 1998(18) are hereby revoked.

(3) The Regulations referred to in paragraph (2) shall continue to apply in relation to any medical examination or medical surveillance carried out before 19th January 2004 as if these Regulations had not been made.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 5th December 2003.

L.S.

Michael J. Bohill

A senior officer of the

Department of Enterprise, Trade and Investment