The Health and Safety (Fees) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations update and replace the Health and Safety (Fees) Regulations 2000 (S.I. 2000/2482 as amended by S.I. 2000/2688 and 2000/2831). They fix or determine the fees payable by an applicant to the Health and Safety Executive in respect of an application made for—

(a) an approval under mines and quarries legislation (regulation 2 and Schedule 1);

(b) an approval of certain respiratory protective equipment (regulation 3 and Schedule 2);

(c) an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 4 and Schedule 3);

(d) an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 5 and Schedule 4);

(e) a licence under the Asbestos (Licensing) Regulations 1983 (regulation 6 and Schedule 5);

(f) an approval of dosimetry services or type approval of apparatus under the Ionising Radiations Regulations 1999 (regulation 9 and Schedule 8);

(g) an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments thereunder, for a licence under the Petroleum (Consolidation) Act 1928 or for the classification of an article, substance, combination or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 10 and Schedule 9);

(h) an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 12 and Schedule 10);

(i) an approval under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 14 and Schedule 12);

(j) an approval under the Health and Safety (First-Aid) Regulations 1981 (regulation 23 and Schedule 19);

and in respect of—

(k) a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 13 and Schedule 11);

(l) a vocational training certifcate undert the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (regulation 15 and Schedule 13);

(m) a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 17 and Schedule 14);

(n) a notification or application under the Notification of New Substances Regulations 1993 (regulation 18 and Schedule 15).

2.  The Regulations fix or determine the fees payable by specified persons in the offshore rail and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 19 to 22 and Schedules 16 to 18).

3.  The Regulations update fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 7 and 8 and Schedules 6 and 7).

4.  The Regulations update maximum fees which may be charged under the Explosives Act 1875, the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 (regulation 10(2) and Schedule 9, Part II). The increase in the fees referred to under Parts I, III and IV of Schedule 9 relating to applications for a factory or magazine licence, any amendment to such a licence, the original approval of premises in which acetylene is to be manufactured or kept, any amendment to such an approval, the original approval of premises in which acetylene is compressed and any amendment to such an approval, includes an amount for the reasonable cost of travelling and subsistence by members of the Executive’s staff in connection with an inspection of the relevant premises. There is no longer any separate provision relating to payment of such travelling and subsistence costs.

5.  The fee to be paid under regulation 15 and Schedule 13 (vocational training certificates under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999) is no longer of a fixed amount, but is now to be the reasonable cost to the Secretary of State or the person designated by him for the purpose of issuing vocational training certificates of having the work carried out.

6.  The former rebate system in respect of notifications under the Notification of New Substances Regulations 1993, whereby an amount of rebate was paid where an adequate draft risk assessment was included, is replaced by one whereby an additional fee is to be paid if the risk assessment is not adequate in the opinion of the Executive (regulation 18 and Schedule 15).

7.  The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows:

Provision of these Regulations which fixes or determines the fees	Previous Fee			New Fee			Percentage Increase
	Original approval	Amendment of approval	Renewal of approval	Original approval	Amendment of approval	Renewal of approval	Original approval	Amendment of approval	Renewal of approval
Schedule 1
Part I
Approval of breathing apparatus	£1,595	£800	£65	£1,835	£920	£65	15.05	15.00	—
Approval of dust respirators	Reasonable cost to the Executive of having the work carried out			Reasonable cost to the Executive of having the work carried out			—	—	—
Approval of explosives	£240	£165	£65	£275	£190	£65	14.58	15.15	—
Approval of locomotive or other vehicle	£3,115	£790	£65	£3,580	£910	£65	14.93	15.19	—
Approval of electrical equipment for use in potentially gassy zones	£965	£620	£65	£1,110	£715	£65	15.03	15.32	—
Approval of methanometers	£445	£270	£65	£510	£310	£65	14.61	14.81	—
Approval of electric safety lamps	£445	£270	£65	£510	£310	£65	14.61	14.81	—
Approval of other types of apparatus essential for safety	£230	£230	£65	£265	£265	£65	15.22	15.22	—
Part II
Ballistic pendulum shot		£125			£130			4.00
Break test shot		£200			£210			5.00
Deflagration		£155			£165			6.45
Detonator test (per 100 shots)		£1,210			£1,280			5.79
Detonator delay time test (per 100 shots)		£955			£1,015			6.28
Gallery shot		£225			£240			6.67
Mortar shot		£125			£130			4.00
Velocity of detonation test (per 3 shots)		£390			£415			6.41
Part III
Other testing not fixed in Part II	Reasonable cost to the Executive of having the work carried out			Reasonable cost to the Executive of having the work carried out				—
Schedule 2
Approval of respiratory protective equipment	Reasonable cost to the Executive of having the work carried out			Reasonable cost to the Executive of having the work carried out				—
Schedule 3
Original approval of tractor cab		£380			£390			2.63
Revision of an existing approval of a tractor cab		£210			£215			2.38
Schedule 4
Approval of scheme or programme for examination of freight containers		£75			£75			—
Schedule 5
Licence for work with asbestos insulations, asbestos coating or asbestos insulating board or renewal of licence		£515			£615			19.42
	Basic	X-Rays	Laboratory tests	Basic	X-Rays	Laboratory tests	Basic	X-Rays	Laboratory tests
Schedule 6
The Ionising Radiations Regulations 1999
(a) where surveillance is confined to examination of, and making entries in, records	£27	£54	£32	£29	£56	£33	7.41	3.70	3.13
(b) in other cases	£43	£54	£32	£52	£56	£33	20	3.70	3.13
Control of Asbestos at Work Regulations 1987	£54	£54	£32	£54	£56	£33	—	3.70	3.13
Control of Substances Hazardous to Health Regulations 1999	£54	£54	£32	£54	£56	£33	—	3.70	3.13
The Work in Compressed Air Regulations 1996	£54	£54	£32	£54	£56	£33	—	3.70	3.13
Schedule 7
On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment)	£54			£56				3.70
On each subsequent assessment of an employee—
(i) for laboratory tests where these are carried out	£32			£33				3.13
(ii) for a clinical medical examination where this is carried out	£32			£33				3.13

Provision of these Regulations which fixes or determines the fees	Previous Fee	New Fee	Percentage Increase
			Fee	Hourly rate
Schedule 8
Group I
Dose record keeping where the application is solely in respect of Group I function	£130 plus £60 per hour worked by Nuclear or Specialist Inspector	£156 plus £72 per hour worked by Nuclear or Specialist Inspector	20.00	20.00
Dose record keeping where the application for Group I functions is linked to an application for approval in another group	£130 plus £60 per hour worked by Nuclear or Specialist Inspector	£156 plus £72 per hour worked by Nuclear or Specialist Inspector	20.00	20.00
Goup II
External dosimetry	£130 plus £60 per hour worked by Nuclear or Specialist Inspector	£156 plus £72 per hour worked by Nuclear or Specialist Inspector	20.00	20.00
Group III
Internal dosimetry
(a) Bio-assay or in-vivo monitoring or air sampling	£130 plus £60 per hour worked by Nuclear or Specialist Inspector	£156 plus £72 per hour worked by Nuclear or Specialist Inspector	20.00	20.00
(b) for each additional technique	£130 plus £60 per hour worked by Nuclear or Specialist Inspector	£156 plus £72 per hour worked by Nuclear or Specialist Inspector	20.00	20.00
Type approval of apparatus under sub-paragraph 1(c)(i) or 1(d)(i) respectively of Schedule 1 to the Ionising Radiations Regulations 1999	£105 plus £60 per hour worked by Nuclear or Specialist Inspector	£110 plus £72 per hour worked by Nuclear or Specialist Inspector	4.76	20.00
Schedule 9
Part I
Factory licence	£410 plus £55 per hour worked by Specialist Inspector	£430 plus £66 per hour worked by Specialist Inspector	4.88	20.00
Magazine licence	£410 plus £55 per hour worked by Specialist Inspector	£430 plus £66 per hour worked by Specialist Inspector	4.88	20.00
Factory amending licence	£260 plus £55 per hour worked by Specialist Inspector	£310 plus £66 per hour worked by Specialist Inspector	19.23	20.00
Magazine amending licence	£260 plus £55 per hour worked by Specialist Inspector	£310 plus £66 per hour worked by Specialist Inspector	19.23	20.00
Replacement of the above licences if lost	£33	£39	18.18	—
Licence for importation of compressed acertylene	£22 plus £55 per hour worked by Specialist Inspector	£26 plus £66 per hour worked by Specialist Inspector	18.18	20.00
Replacement of the above licence if lost	£22	£26	18.18	—
Amendment to an existing licence	£22 plus £55 per hour worked by Specialist Inspector	£26 plus £66 per hour worked by Specialist Inspector	18.18	20.00
Part II
A store licence	£67	£69	2.99	—
Renewal of a store licence	£67	£69	2.99	—
Registration and renewal of registration of premises for the keeping of explosives with a local authority	£12	£12	—	—
Licence to keep petroleum spirit of a quantity—
—not exceeding 2,500 litres	£32 for each year of licence	£33 for each year of licence	3.13	—
—exceeding 2,500 litres but not exceeding 50,000 litres	£47 for each year of licence	£48 for each year of licence	2.13	—
—exceeding 50,000	£93 for each year of licence	£95 for each year of licence	2.15	—
Transfer of petroleum spirit licence	£8	£8	—	—
Part III
Original approval of premises in which acetylene is to be manufactured or kept	£22 plus £55 per hour worked by Specialist Inspector	£26 plus £66 per hour worked by Specialist Inspector	18.18	20.00
Amendment of an approval of premises in which acetylene is to be manufactured or kept	£22 plus £55 per hour worked by Specialist Inspector	£26 plus £66 per hour worked by Specialist Inspector	18.18	20.00
Approval of apparatus in which acetylene is to be manufactured or kept	£22 plus £55 per hour worked by Specialist Inspector	£26 plus £66 per hour worked by Specialist Inspector	18.18	20.00
Part IV
Comparison of a porous substance with a sample porous substance	£40	£48	20.00	—
Original approval of premises in which acetylene is compressed	£22 plus £55 per hour worked by Specialist Inspector	£26 plus £66 per hour worked by Specialist Inspector	18.18	20.00
Amendment of an approval of premises in which acetylene is compressed	£22 plus £55 per hour worked by Specialist Inspector	£26 plus £66 per hour worked by Specialist Inspector	18.18	20.00
Part V
Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 or authorisation of an explosive under section 40(9) of the Explosives Act 1875	Reasonable cost to the Executive of having the work carried out	Reasonable cost to the Executive of having the work carried out	—	—
Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967	£190 plus £55 per hour worked by Specialist Inspector	£190 plus £66 per hour worked by Specialist Inspector	—	20.00
Testing in connection with specified applications in Parts I, III, IV or V	Reasonable cost to the Executive of having the testing carried out	Reasonable cost to the Executive of having the testing carried out	—	—
Schedule 10
Grant of an explosives licence or alteration of the terms of an existing explosives licence	£550 plus £55 per hour worked	£550 plus £66 per hour worked	—	20.00
Schedule 11
Vocational training certificates under regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996	£2.80	£2.90	3.57	—
Schedule 12
Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
Approval of training	£1,000	£1,025	2.50	—
For approval or a renewal of a refresher course under regulation 4(6)(a)	£1,000	£1,025	2.50	—
Fee for renewal of approval	£600	£615	2.50	—
Schedule 13
Vocational training certificates under regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999	£170	Reasonable cost to the Secretary of State or the person designated by him for the purpose of issuing vocational training certificates of having the work carried out	—	—
Schedule 14
Genetically Modified Organisms (Contained Use) Regulations 2000
Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1)	£200	£220	10.00	—
Notification of an activity involving genetic modification in class 2 under regulation 10(1), except a notification to which paragraph 4(1) or paragraph 5(1) of Schedule 10 applies	£400	£440	10.00	—
Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 2 under regulation 10(1)	£400	£440	10.00	—
Notification of an activity involving genetic modification in class 3 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies	£430	£475	10.47	—
Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 3 under regulation 11(1)	£430	£475	10.47	—
Notification of an activity involving genetic modification in class 4 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies	£500	£550	10.00	—
Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 4 under regulation 11(1)	£500	£550	10.00	—
Notification of an activity involving genetic modification or organisms other than micro-organisms under regulation 12(1)	£400	£440	10.00	—
Notification of the intention to use premises for the purpose of undertaking genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1)	£400	£440	10.00	—
Notification of any additional information under regulation 15(3)	£300	£330	10.00	—
Application for the written agreement of the competent authority under regulation 18(2) where the application is made after a notification has been submitted pursuant to regulation 9(1), 10(1), 11(1) or 12(1)	£300	£330	10.00	—
Schedule 15
Notification of New Substances Regulations 1993
For the evaluation of a notification under regulation 4 (“base set”)	£4,492 (excluding (the previous rebate of £2,160 plus £378 VAT where an adequate risk assessment was included)	£4,630	3.07	—
For the evaluation of a notification under regulation 4 as an additional fee to the fee above for such notification where no adequate risk assessment is included	£2,160 plus £378 VAT (the previous rebate where an adequate risk assessment was included)	£2,220 plus £388.50 VAT	2.78	—
For the evaluation of a notification under regulation 5(1)(a) (>10 tonnes per year)	£2,180	£2,250	3.21	—
For the evaluation of a notification under regulation 5(1)(b) (>100 tonnes per year)	£4,590	£4,730	3.05	—
For the evaluation of a notification under regulation 5(1)(c) (>1,000 tonnes per year)	£3,820	£3,935	3.01	—
For a notification under regulation 6—
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1))	£759 (excluding the previous rebate of £520 plus VAT where an adequate risk assessment was included)	£780	2.77	—
(b) quantity of the new substance up to 100 kg (regulation 6(2))	£479 (excluding the previous rebate of £520 plus VAT where an adequate risk assessment was included)	£495	3.34	—
For a notification under regulation 6 as an additional fee to the fee above for such notification where no adequate risk assessment is included—
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1))	£520 plus £91 VAT (the previous rebate where an adequate risk assessment was included)	£540 plus £94.50 VAT	3.85	—
(b) quantity of the new substance up to 100 kg (regulation 6(2))	£520 plus £91 VAT (the previous rebate where an adequate risk assessment was included)	£540 plus £94.50 VAT	3.85	—
For an application made by a notifier for an exemption relating to him under regulation 23	£2,180	£2,250	3.21	—
Schedule 16
Offshore installations	Reasonable cost to the Executive of having the work carried out	Reasonable cost to the Executive of having the work carried out	—	—
Schedule 17
Railway installations	Reasonable cost to the Executive of having the work carried out	Reasonable cost to the Executive of having the work carried out	—	—
Schedule 18
Gas safety functions	Reasonable cost to the Executive of having the work carried out	Reasonable cost to the Executive of having the work carried out	—	—

Schedule 19
Part I	Fee for original approval	Fee for an additional site-visit	Fee renewal of approval	Fee for original approval	Fee for an additional site-visit	Fee renewal of approval
	£870	£300	£60	£870	£310	£60	—	3.33	—
Part II	Fee for initial site-visit	Fee for any additional site-visit		Fee for initial site-visit	Fee for any additional site-visit
	£340	£300		£345	£310		1.47	3.33	—