The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

Fees for applications relating to pressure receptacles and tanks

56.—(1) On the making of an application to the—

(a) GB competent authority for the appointment or the amendment of an appointment as an appointed person in accordance with regulation 29(2);

(b) GB competent authority for the recognition of a standard in accordance with regulation 30(3);

(c) competent authority for the appointment or the amendment of an appointment as a notified body or an approved body under regulation 44(2);

(d) Secretary of State for the appointment or the amendment of an appointment as an inspection body under paragraph 3(1)(a) of Schedule 1;

(e) Executive for the approval or amendment of an approval as a person under paragraph 3(2) of Schedule 2; or

(f) Executive for the appointment or the amendment of an appointment as an inspection body under paragraph 4(1)(b) of Schedule 2,

there shall be payable by the applicant in connection with the performance by or on behalf of the GB competent authority, the competent authority, the Secretary of State or the Executive as the case may be, in respect of its or his functions in relation to that application the relevant fee referred to in paragraph (2).

(2) The fees referred to in paragraph (1) are—

(a) in respect of sub-paragraph (a) or (c), where the GB competent authority or the competent authority is the Executive, or sub-paragraph (e) or (f)—

(i) a fee of £305 for processing the application; and

(ii) such fee as is reasonable in light of the actual work performed in respect of the determination of the suitability of the applicant for appointment or the amendment of an existing appointment; and

(b) in respect of sub-paragraphs (a) or (c), where the GB competent authority or the competent authority is the Secretary of State, in respect of sub-paragraph (b), where the GB competent authority is the Executive, or sub-paragraph (d) such fee as is reasonable in light of the actual work performed.

(3) 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 competent authority or the GB competent authority in accordance with regulation 44(5).

(4) Subject to paragraph (5), 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.

(5) The fees referred to in paragraph (4) 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.

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

(7) In this regulation, “competent authority” has the same meaning as in Part 4.