The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2005

29.  For regulation 56 (fees for applications relating to pressure receptacles and tanks) substitute—

“Fees

56.— (1) On the making of an application to the competent authority to carry out its functions under Part 3 and Schedule 3 to these Regulations, a fee shall be payable by the applicant in connection with the performance by or on behalf of the competent authority.

(2) Where the competent authority has delegated its functions to another body it may charge a fee for —

(a) determining the suitability of a body to carry out competent authority functions; and

(b) the monitoring of such a body.

(3) Where the competent authority function is carried out by the Secretary of State or a body to which the Secretary of State has delegated his functions under paragraph (2), the fee charged shall be such a fee as is reasonable in light of the actual work performed.

(4) A fee which shall be reasonable in light of the actual work performed shall be payable by the relevant notified body, approved body or appointed person in respect of any inspection undertaken by or on behalf of the Secretary of State in accordance with regulation 44(5).

(5) Subject to paragraph (6), where an application has been made to—

(a) a notified body, an approved body, an inspection body or an approved person in accordance with these Regulations; or

(b) an appointed person in compliance with the provisions of ADR or of RID referred to in regulations 21 and 22,

the notified body, the approved body, the inspection body, the approved person or the appointed person may charge such fees in connection with, or incidental to, carrying out its duties in relation to the procedures and tasks referred to in regulation 44(3)(c), paragraph 8(3)(c) of Schedule 1 or paragraph 9(3)(c) of Schedule 2 as it may determine.

(6) The fees referred to in paragraph (5) shall not exceed—

(a) the costs incurred or to be incurred by the notified body, approved body, inspection body, approved person or appointed person in performing the relevant function; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

(i) the character and extent of the work done or to be done by that body or person on behalf of the applicant; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

(7) The power in paragraph (3) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

(8) Where the Executive approves the design for containers or compartments in accordance with note a of sub-section 7.5.2.2, the fee shall be such a fee as is reasonable in light of the actual work performed.

(9) In this regulation, “competent authority” shall be construed in accordance with regulation 8 and Part 3 of these Regulations.”

“Fees for certificates and applications for the issuing of driver training certificates and safety adviser vocational training certificates

56A.— (1) A driver may only be issued with a driver training certificate in accordance with regulation 32 where such fee as is reasonable in light of the actual work performed has been paid to the Secretary of State.

(2) The validity of a driver training certificate may only be extended in accordance with regulation 33(6)(c) where, within the period of 12 months which precede the expiry of the original certificate or of an extension of it granted in accordance with that regulation, such fee as is reasonable in light of the actual work performed has been paid to the Secretary of State.

(3) Such fee as is reasonable in light of the actual work performed 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 initial or refresher training in accordance with sub-section 8.2.2.6 of ADR pursuant to regulation 24(1).

(4) An individual may only be issued with a safety adviser vocational training certificate in accordance with regulation 32 where such fee as is reasonable in light of the actual work performed has been paid to the Secretary of State or the person designated by him for the purpose of issuing safety adviser vocational training certificates.

(5) The validity of a safety adviser vocational training certificate may only be extended in accordance with regulation 32(5)(c) where, within the period of 12 months which precede the expiry of the original certificate or an extension of it granted in accordance with that paragraph, such fee as is reasonable in light of the actual work performed has been paid to the Secretary of State or the person designated by him for the purpose of issuing safety adviser vocational training certificates.

(6) Nothing in paragraphs (1), (2), (4) and (5) shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the Health and Safety at Work etc. Act 1974.”.