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The Health and Safety (Fees) Regulations 2007

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Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989

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19.  (1)  A fee shall be payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989(1).

(2) The fee payable under paragraph (1) shall be—

(a)where the application for an original approval of training relates to, as the case may be—

(i)rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”), or

(ii)rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),

that specified in, respectively, columns 1 and 2 of Table 1 in Schedule 15;

(b)in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.

(3) Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall—

(a)where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 in Schedule 15, or

(b)where the application for approval relates to medical training, be that specified in column 2 of that Table.

(4) The fee referred to—

(a)in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;

(b)in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.

(5) Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.

(6) Subject to paragraph (7), the fee payable under paragraph (5) shall—

(a)where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 in Schedule 15, or

(b)where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,

provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in sub-paragraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.

(7) The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall—

(a)where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 in Schedule 15, or

(b)where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.

(8) Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where—

(a)the result of the investigation is that the complaint is found to be justified, and

(b)the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.

(9) The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 in Schedule 15.

(10) Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —

(a)three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and

(b)there is as a result no site-visit on that date,

a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.

(11) The fee payable under paragraph (10) shall —

(a)where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 in Schedule 15, or

(b)where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).

(12) The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.

(1)

S.I. 1989/1671, amended by S.I. 1993/1823; there are other amending instruments but none is relevant.

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