The Health and Safety (Fees) Regulations 1994

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health and Safety (Fees) Regulations 1994 and shall come into force on 28th March 1994.

(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 mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to—

  (a)

  mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954(1);

  (b)

  tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969(2) 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(3) 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;

• “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.

Fees payable under the mines and quarries provisions

2.—(1) A fee shall be payable by the applicant to the Health and Safety Executive 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) for each description of plant, apparatus, substance and in any other case set out 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 an amount per hour worked, the fee so calculated shall be payable prior to the notification of the result of the application.

(3) Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect 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 determined under Part III of Schedule 1.

Fees for approval of respiratory protective equipment

3.—(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of respiratory protective equipment—

(a) under the Factories Act 1961(4), or any regulations made or having effect as if made under that Act;

(b) under the Control of Lead at Work Regulations 1980(5);

(c) under the Ionising Radiations Regulations 1985(6);

(d) under the Control of Asbestos at Work Regulations 1987(7); and

(e) under the Control of Substances Hazardous to Health Regulations 1988(8).

(2) The fee payable for approval of each item of the subject matter described in column 1 of Schedule 2 shall be that specified in column 2 of that Schedule and the fee so calculated shall be payable prior to the notification of the result of the application for approval.

(3) For the purposes of Schedule 2, the number of hours worked shall include time spent by the Executive’s staff carrying out any testing to determine whether approval can be granted.

Fees payable under the Agriculture (Tractor Cabs) Regulations 1974

4.—(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974(9).

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

Fee payable under the Freight Containers (Safety Convention) Regulations 1984

5.—(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984(10).

(2) The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.

Fee for a licence under the Asbestos (Licensing) Regulations 1983

6.—(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983(11).

(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.

Fees for examination or surveillance by an employment medical adviser

7.—(1) A fee shall be payable to the Health and Safety 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).

Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980

8.—(1) A fee shall be payable to the Health and Safety 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 1980(12).

(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.

Fees for approval or reassessment of approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985

9.—(1) A fee shall be payable by the applicant to the Health and Safety 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(13).

(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, together with any fee determined under paragraph (4), where applicable.

(4) 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.

Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983

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 Health and Safety 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 that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.

Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936

11.  Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928(14) or section 1(4) of the Petroleum (Transfer of Licences) Act 1936(15) the fees 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.

Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987

12.—(1) A fee shall be payable by the applicant to the Health and Safety 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(16).

(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.

Offshore installations

13.  The owner of any offshore installation (within the meaning assigned to those words by section 1(4) of the Mineral Workings (Offshore Installations) Act 1971(17) in respect of which an examination has been carried out under regulation 11(1) of the Offshore Installations (Life saving Appliances) Regulations 1977(18) or under regulation 20(1) of the Offshore Installations (Fire-fighting Equipment) Regulations 1978(19) shall pay to the Executive on demand a fee calculated as follows:

(a) a sum based on the time spent by the person carrying out the examination on carrying it out and in travelling to and from the installation calculated in accordance with the provisions of Schedule 11; and

(b) a sum equal to the cost of travelling and subsistence expenses reasonably incurred by the person carrying out the examination.

Vocational training certificates under the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992

14.—(1) A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992(20) where a fee of the sum specified in Schedule 12 has been paid to the Secretary of State.

(2) The validity of a vocational training certificate may only be extended in accordance with paragraph (5) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 where, within the period of 12 months which precede the expiry of the original certificate or any extensions of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 12 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.

Calculation of hours worked

15.  In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 2(2), 3(2) or 10(6) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).

Modifications and revocations

16.—(1) The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 is modified as follows —

(a) in regulation 5, in paragraph (2), at the end of sub-paragraph (a), after the semi-colon, add “and”;

(b) in regulation 5, in paragraph (2), at the end of sub-paragraph (b), for the semi-colon substitute a full stop and delete “and”;

(c) in regulation 5, in paragraph (2), delete sub-paragraph (c);

(d) in regulation 5, for paragraph (5), substitute the following paragraph—

“(5) Each vocational training certificate issued in accordance with paragraph (1) shall be valid for a period of 5 years from the date of issue, but its validity may be extended for periods of up to 5 years by the Secretary of State where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with this paragaph, the holder can show to the satisfaction of the Secretary of State that he has—

(a) sucessfully completed a refresher course in the carriage of dangerous goods which has been approved by the Secretary of State; and

(b) passed the examination referred to in paragraph (2)(b).”; and

(e) in regulation 8, delete “5(2)(c) or (5)(b) or”.

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

Northern Ireland

17.  These Regulations shall not apply to Northern Ireland.

Signed by order of the Secretary of State.

Michael Forsyth

Minister of State,

Department of Employment

22nd February 1994