Chwilio Deddfwriaeth

The Health and Safety (Fees) Regulations 2010

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations revoke and replace the Health and Safety (Fees) Regulations 2009 (S.I. 2009/515), and also update fees to be charged.

2.  These Regulations fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive (“the 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 plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 2);

(c)an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 4 and Schedule 3);

(d)a licence under the Control of Asbestos Regulations 2006 and the reassessment of an application to grant, amendment to, and replacement of, such a licence (regulation 5 and Schedule 4);

(e)an approval of dosimetry services for the purposes of the Ionising Radiations Regulations 1999 or the Radiation (Emergency Preparedness and Public Information) Regulations 2001, and an amendment to such an approval (regulation 8 and Schedule 7);

(f)a licence to manufacture or store explosives or for registration for storing explosives under the Manufacture and Storage of Explosives Regulations 2005; an acetylene importation licence under section 40(9) of the Explosives Act 1875; an approval under certain instruments made under that Act in relation to acetylene; a licence under the Petroleum (Consolidation) Act 1928; the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936; the approval of a classification of an explosive under the Classification and Labelling of Explosives Regulations 1983, or for an explosives certificate under the Control of Explosives Regulations 1991 (regulation 9 and Schedule 8). These Regulations include lower fees in respect of applications for explosives certificates to acquire and keep shooters’ powder in certain circumstances (entries (g) to (j) in Table 1 of Part 9 of Schedule 8);

(g)an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 11 and Schedule 9),

and in respect of—

(h)a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 13 and Schedule 10);

(i)an “assessment agreement” and a “design proposal” as defined in regulation 16 for nuclear installations (regulation 16 and Schedule 13);

(j)an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 18 and 20 and Schedule 14); and

(k)an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 19 and 20 and Schedule 15).

3.  These Regulations fix 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 6 and 7 and Schedules 5 and 6).

4.  These Regulations fix a fee, payable by employers, to cover the cost to the Executive of processing information sent on behalf of those employers pursuant to the Ionising Radiations Regulations 1999 (regulation 8 and Schedule 7).

5.  These Regulations determine fees payable by specified persons in respect of the performance by the Executive of certain functions specified in the Offshore Installations (Safety Case) Regulations 2005 (regulation 14 and Schedule 11).

6.  These Regulations determine fees payable by specified persons in respect of the performance by the Executive of the following functions specified in the Gas Safety (Management) Regulations 1996—

(a)assessing a safety case or a revision of a safety case;

(b)providing advice with respect to the preparation of a safety case; and

(c)assessing whether to grant an exemption (regulation 15 and Schedule 12).

7.  These Regulations determine fees for advice given to nuclear licensees or potential licensees for the performance by the Executive of the following functions—

(a)preparing an assessment agreement and assessing a design proposal for a nuclear site; and

(b)advice given to potential applicants for a nuclear site licence in relation to their potential application (regulation 16 and Schedule 13).

8.  These Regulations determine fees payable, in respect of the performance by or on behalf of the Executive or by an inspector appointed by it of any function conferred on the Executive or the inspector by the Health and Safety at Work etc. Act 1974 which relates to the enforcement of any of the relevant statutory provisions—

(a)in relation to an offshore installation, by the operator or owner who has prepared a current safety case pursuant to the Offshore Installations (Safety Case) Regulations 2005 (regulation 14);

(b)by—

(i)a person conveying gas who has prepared a safety case pursuant to the Gas Safety (Management) Regulations 1996 or by a network emergency co-ordinator, in relation to a network (including a pipeline that it is intended will form part of the network) to which the safety case relates; and

(ii)a person conveying gas who has prepared a safety case pursuant to the Gas Safety (Management) Regulations 1996 and a major accident prevention document pursuant to the Pipelines Safety Regulations 1996, in relation to work relating to a major accident hazard pipeline (including the construction of a pipeline that it is intended will form part of the network) to which the major accident prevention document relates (regulation 15); and

(c)in relation to a nuclear site, by the licensee (regulation 16).

9.  These Regulations introduce a fee payable in respect of each notification made under the Notification of Conventional Tower Cranes Regulations 2010, due to come into force on 6th April 2010 (regulation 21 and Schedule 16).

10.  The following impact assessments are available from the Health and Safety Executive, Financial Management Team, Redgrave Court, Merton Road, Bootle Merseyside L20 7HS—

(a)A partial impact assessment of the effect that the increases in the level of fees described in regulation 5 will have on the costs of business and the voluntary sector; and

(b)A full impact assessment of the effect that the fee introduced by regulation 21 will have on the costs of business and the voluntary sector.

11.  A comparison of the new fees against those fixed by or determined under the previous fee-charging provisions are as follows:

Provision of these Regulations which fixes or determines the feesPrevious FeeNew FeePercentage Increase
Schedule 1
Fees under Mines and Quarries provisions
Part 1Original approvalAmendment of approvalRenewal of approvalOriginal approvalAmendment of approvalRenewal of approvalOriginal approvalAmendment of approvalRenewal of approval
Approval of explosives£334£231£82£339£235£831.501.731.22
Part 2FeeFeeFee
Break test shot£257£2611.56
Deflagration£206£2091.46
Detonator test (per 100 shots)£1,572£1,5961.53
Detonator delay time test (per 100 shots)£1,243£1,2621.53
Gallery shot£293£2971.37
Velocity of detonation test (per 3 shots)£509£5161.38
Part 3

Other testing not fixed in Part 2

Reasonable cost to the Executive of having the work carried outReasonable cost to the Executive of having the work carried out-
Schedule 2
Approvals under the Agriculture (Tractor Cabs) Regulations 1974
Original approval of tractor cab£478£4851.46
Revision of an existing approval of a tractor cab£262£2661.53
Schedule 3
Approval under the Freight Containers (Safety Convention) Regulations 1984
Approval of scheme or programme for examination of freight containers£92£942.17
Schedule 4
Applications under the Control of Asbestos Regulations 2006
Table 1
Licence for work with asbestos or renewal of licence£1,160£3,236178.97
Table 2
Re-assessment of licence application£300£741147.00
Amendment of condition, or duration, of licence£300£741147.00
Amendment or replacement, of a licence£80£800.00
BasicX-RaysLaboratory testsBasicX-RaysLaboratory testsBasicX-RaysLaboratory tests
Schedule 5
Examination or surveillance by an employment medical adviser
(a) Ionising Radiations Regulations 1999:
(i) where surveillance is confined to examination of, and making entries in, records£37£72£41£38£73£422.701.392.44
(ii) in other cases£70£72£41£71£73£421.431.392.44

(b) Control of Asbestos

Regulations 2006

£72£72£41£73£73£421.391.392.44
(c) Control of Substances Hazardous to Health Regulations 2002£72£72£41£73£73£421.391.392.44
(d) Work in Compressed Air Regulations 1996£72£72£41£73£73£421.391.392.44
Previous FeeNew FeePercentage Increase
Schedule 6
Medical surveillance under the Control of Lead at Work Regulations 2002
On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment)£72£731.39
On each subsequent assessment of an employee—
(i) for laboratory tests where these are carried out£41£422.44

(ii) for a clinical medical examination where this is carried out

£41£422.44
Schedule 7
Applications under the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
Table 1
Group IFeeHourly rate
Dose record keeping where the application is solely in respect of Group I function£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
Dose record keeping where the application for Group I functions is linked to an application for approval in another group£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
Group II
External dosimetry
(a) Whole body (beta, gamma, thermal neutrons) film£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
(b) Whole body (beta, gamma, thermal neutrons) thermoluminescent dosemeter£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
(c) Whole body (neutron), other than sub-groups (a) or (b)£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
(d) Whole body, other than sub-groups (a), (b), or (c)£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
(e) Extremity monitoring£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
(f) Accident dosimetry, other than in the previous sub-groups£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
Group III
Internal dosimetry
(a) Bio-assay or in-vivo monitoring or air sampling£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
(b) For each additional technique£672 plus £134 per hour worked by Nuclear or other Specialist Inspector£806 plus £136 per hour worked by Nuclear or other Specialist Inspector19.941.49
Type approval of apparatus under sub-paragraph 1(c)(i) or 1(d)(i) respectively of Schedule 1 to the Ionising Radiations Regulations 1999£134 plus £134 per hour worked by Nuclear or other Specialist Inspector£136 plus £136 per hour worked by Nuclear or other Specialist Inspector1.491.49
Amendment of an original approval of dosimetry services granted under regulation 35 of the Ionising Radiations Regulations 1999 for the purposes of those Regulations or an original type approval of apparatus under sub-paragraph 1(c)(i)or 1(d)(i) of Schedule 1 to the Ionising Radiations Regulations 1999£55 plus £134 per hour worked by Nuclear or other Specialist Inspector£56 plus £136 per hour worked by Nuclear or other Specialist Inspector1.821.49
Table 2
Approval or reassessment of approval of Dosimetry Services granted under regulation 35 of the Ionising Radiations Regulations 1999 for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001£1,870 plus £134 per hour worked by Nuclear or other Specialist Inspector£1,898 plus £136 per hour worked by Nuclear or other Specialist Inspector1.501.49
Amendment of above£55 plus £134 per hour worked by Nuclear or other Specialist Inspector£56 plus £136 per hour worked by Nuclear or other Specialist Inspector1.821.49
Table 3
Processing of information contained in a record sent to the Executive pursuant to regulation 21(3)(e) of the Ionising Radiations Regulations 1999£3.50£3.500.00
Schedule 8
Applications etc concerning explosives and petroleum-spirit
Part 1
Licence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing£622 plus £125 per hour worked by Specialist Inspector£631 plus £127 per hour worked by Specialist Inspector1.451.60
Licence to manufacture ammonium nitrate blasting intermediate£154 per hour worked£156 per hour worked1.30
Licence to manufacture explosives by means of on-site mixing£231 plus £125 per hour worked by Specialist Inspector£234 plus £127 per hour worked by Specialist Inspector1.301.60
Renewal of any of the above licences£82 plus £125 per hour worked by Specialist Inspector£83 plus £127 per hour worked by Specialist Inspector1.221.60
Licence to store explosives£622 plus £125 per hour worked by Specialist Inspector£631 plus £127 per hour worked by Specialist Inspector1.451.60
Renewal of a licence£82 plus £125 per hour worked by Specialist Inspector£83 plus £127 per hour worked by Specialist Inspector1.221.60
Varying a licence to manufacture explosives not being ammonium nitrate blasting intermediate or to store explosives£426 plus £125 per hour worked by Specialist Inspector£432 plus £127 per hour worked by Specialist Inspector1.411.60
Varying a licence to manufacture ammonium nitrate blasting intermediate£154 per hour worked£156 per hour worked1.30
Transfer of a licence£51£521.96
Replacement of any licence referred to in Part 1£51£521.96
Part 2
Licence to store explosives:
(a) one year’s duration£175£1781.71
(b) two years’ duration£231£2341.30
(c) three years’ duration£288£2921.39
(d) four years’ duration£355£3601.41
(e) five years’ duration£401£4071.50
Renewal of a licence:
(a) one year’s duration£82£831.22
(b) two years’ duration£139£1411.44
(c) three years’ duration£195£1981.54
(d) four years’ duration£252£2561.59
(e) five years’ duration£308£3131.62
Registration in relation to the storage of explosives:
(a) one year’s duration£103£1051.94
(b) two years’ duration£134£1361.49
(c) three years’ duration£164£1661.22
(d) four years’ duration£195£1981.54
(e) five years’ duration£226£2291.33
Renewal of registration:
(a) one year’s duration£51£521.96
(b) two years’ duration£82£831.22
(c) three years’ duration£113£1151.77
(d) four years’ duration£144£1461.39
(e) five years’ duration£175£1781.71
Varying a licence:
(a) varying name of licensee or name of site£34£352.94
(b) any other kind of variationReasonable cost to the licensing authority of having the work carried outReasonable cost to the licensing authority of having the work carried out-
Transfer of licence or registration£34£352.94
Replacement of licence or registration referred to above if lost£34£352.94
Part 3
Licence for importation of compressed acetylene£38 plus £125 per hour worked by Specialist Inspector£39 plus £127 per hour worked by Specialist Inspector2.631.60
Replacement of the above licence if lost£38£392.63
Part 4
Licence to keep petroleum spirit of a quantity—
- not exceeding 2,500 litres£41 for each year of licence£42 for each year of licence2.44
- exceeding 2,500 litres but not exceeding 50,000 litres£57 for each year of licence£58 for each year of licence1.75
- exceeding 50,000 litres£118 for each year of licence£120 for each year of licence1.69
Transfer of petroleum spirit licence£8£80.00
Part 5
Original approval of premises in which acetylene is to be manufactured or kept£38 plus £125 per hour worked by Specialist Inspector£39 plus £127 per hour worked by Specialist Inspector2.631.60
Amendment of an approval of premises in which acetylene is to be manufactured or kept£38 plus £125 per hour worked by Specialist Inspector£39 plus £127 per hour worked by Specialist Inspector2.631.60
Approval of apparatus in which acetylene is to be manufactured or kept£38 plus £125 per hour worked by Specialist Inspector£39 plus £127 per hour worked by Specialist Inspector2.631.60
Part 6
Original approval of premises in which acetylene is compressed£38 plus £125 per hour worked by Specialist Inspector£39 plus £127 per hour worked by Specialist Inspector2.631.60
Amendment of an approval of premises in which acetylene is compressed£38 plus £125 per hour worked by Specialist Inspector£39 plus £127 per hour worked by Specialist Inspector2.631.60
Part 7
Approval of classification of an explosive£67 plus £67 per hour worked after the first hour£68 plus £68 per hour worked after the first hour1.491.49
Part 8
Testing in connection with specified applications in Parts 3, 5 and 7Reasonable cost to the Executive of having the testing carried outReasonable cost to the Executive of having the testing carried out--
Part 9
Explosives certificate for acquiring and keeping explosives:
(a) one year’s duration£123£1251.63
(b) two years’ duration£154£1561.30
(c) three years’ duration£185£1881.62
(d) four years’ duration£216£2191.39
(e) five years’ duration£247£2511.62
Renewal of the above explosives certificate:
(a) one year’s duration£108£1101.85
(b) two years’ duration£128£1301.56
(c) three years’ duration£149£1511.34
(d) four years’ duration£170£1731.76
(e) five years’ duration£190£1931.58
Explosives certificate for acquiring and keeping explosives for storage of no more than 2000 kg of explosives:
(a) one year’s duration£134£1361.49
(b) two years’ duration£164£1661.22
(c) three years’ duration£195£1981.54
(d) four years’ duration£226£2291.33
(e) five years’ duration£257£2611.56
Renewal of the above explosives certificate:
(a) one year’s duration£128£1301.56
(b) two years’ duration£154£1561.30
(c) three years’ duration£180£1831.67
(d) four years’ duration£206£2091.46
(e) five years’ duration£231£2341.30
Explosives certificate for acquiring and keeping explosives at site for storage of more than 2000 kg of explosives:
(a) one year’s duration£180£1831.67
(b) two years’ duration£216£2191.39
(c) three years’ duration£252£2561.59
(d) four years’ duration£288£2921.39
(e) five years’ duration£324£3291.54
Renewal of the above explosives certificate:
(a) one year’s duration£159£1611.26
(b) two years’ duration£190£1931.58
(c) three years’ duration£221£2241.36
(d) four years’ duration£252£2561.59
(e) five years’ duration£283£2871.41
Certificate for acquiring and keeping only shooters powder at a site in respect of which the applicant also makes an explosives certificate application to the Chief of Police at the same time£24£240.00
Renewal of the above explosives certificate£15£150.00
Certificate for acquiring and keeping only shooters powder at a site in respect of which no relevant explosives certificate application is to be determined at the same time£43£442.33
Renewal of the above explosives certificate£18£180.00
Explosives certificate for acquiring more than 15 kg of explosives, not including an application for an explosives certificate referred to in entries (m) or (o):
(a) one year’s duration£123£1251.63
(b) two years’ duration£154£1561.30
(c) three years’ duration£185£1881.62
(d) four years’ duration£216£2191.39
(e) five years’ duration£247£2511.62
Renewal of the above explosives certificate:
(a) one year’s duration£108£1101.85
(b) two years’ duration£128£1301.56
(c) three years’ duration£149£1511.34
(d) four years’ duration£170£1731.76
(e) five years’ duration£190£1931.58
Explosives certificate for acquiring more than 15 kg of explosives, where the applicant also makes an explosives certificate application to the Chief of Police at the same time£24£240.00
Renewal of the above explosives certificate£15£150.00
Certificate for acquiring more than 15 kg of shooters powder at a site where no relevant explosive certificate application is to be determined at the same time£43£442.33
Renewal of the above explosives certificate£18£180.00
Replacement of any explosive certificate referred to in entries (a) to (f) and (k) and (l) if lost£34£352.94
Replacement of any explosive certificate referred to in entries (g) to (j) and (m) to (p) if lost£10£100.00
Table 2

Regulation 4(6)(d) check

£5£50.00
Schedule 9
Applications under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
Grant of an explosives licence or alteration of the terms of an existing explosives licence£678 plus £125 per hour worked£688 plus £127 per hour worked1.471.60

Change of licence name or address

£53£541.89
Schedule 10
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)£465£4721.51
Notification of an activity involving genetic modification in class 2 under regulation 10(1)£929£9431.51
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)£929£9431.51
Notification of an activity involving genetic modification in class 3 under regulation 11(1)£1,007£1,0221.49
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)£1,007£1,0221.49
Notification of an activity involving genetic modification in class 4 under regulation 11(1)£1,161£1,1781.46
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)£1,161£1,1781.46
Notification of an activity involving genetic modification or organisms other than micro-organisms under regulation 12(1)£929£9431.51
Notification of the intention to use premises for the first time 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)£929£9431.51
Notification of an additional information under regulation 15(3)£696£7061.44

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)

£696£7061.44
Schedule 11
Offshore installations

Sum of the costs reasonably incurred by the Executive for the function performed

Sum of the costs reasonably incurred by the Executive for the function performed-
Schedule 12
Gas safety functions

Sum of the costs reasonably incurred by the Executive for the function performed

Sum of the costs reasonably incurred by the Executive for the function performed-
Schedule 13
Nuclear Installations

Sum of the costs reasonably incurred by the Executive for the function performed

Sum of the costs reasonably incurred by the Executive for the function performed-
  • Schedule 14

    Approvals under the Health and Safety (First-Aid) Regulations 1981

    Table 1

    (a)

    The fee for an original approval rises from £1,512 to £1,693, an increase of 11.97%.

    (b)

    The fee for an additional site-visit rises from £543 to £565, an increase of 4.05%.

    (c)

    The fee for renewal of approval rises from £106 to £117, an increase of 10.38%.

    Table 2

    (d)

    The fee for an initial site-visit rises from £567 to £576, an increase of 1.59%.

    (e)

    The fee for any additional site-visit rises from £543 to £565, an increase of 4.05%.

    (f)

    The fee for a site-visit to investigate a complaint rises from £567 to £576, an increase of 1.59%.

    (g)

    The fee for a cancelled site-visit rises from £567 to £576, an increase of 1.59%.

  • Schedule 15

    Approvals under the Offshore Installations and Pipelines Works (First-Aid) Regulations 1989

    Table 1

    (h)

    The fee for an original approval of first-aid training rises from £1,512 to £1,693, an increase of 11.97%.

    (i)

    The fee for an original approval of medical training rises from £2,218 to £2,333, an increase of 5.18%.

    (j)

    The fee for renewal of approval of first-aid training rises from £106 to £117, an increase of 10.38%.

    (k)

    The fee for renewal of approval of medical training rises from £106 to £117, an increase of 10.38%.

    Table 2

    (l)

    The fee for an additional site-visit relating to first-aid training rises from £543 to £565, an increase of 4.05%.

    (m)

    The fee for an additional site-visit relating to medical training rises from £1,315 to £1,335, an increase of 1.52%.

    Table 3

    (n)

    The fee for an initial site-visit relating to first-aid training rises from £567 to £576, an increase of 1.59%.

    (o)

    The fee for an initial site-visit relating to medical training rises from £1,315 to £1,335, an increase of 1.52%.

    (p)

    The fee for any additional site-visit relating to first-aid training rises from £543 to £565, an increase of 4.05%.

    (q)

    The fee for any additional site-visit relating to medical training rises from £1,315 to £1,335, an increase of 1.52%.

    Table 4

    (r)

    The fee for a site-visit to investigate a complaint relating to first-aid training rises from £567 to £576, an increase of 1.59%.

    (s)

    The fee for a site-visit to investigate a complaint relating to medical training rises from £567 to £1,335, an increase of 135.45%.

    (t)

    The fee for a cancelled site-visit relating to first-aid training rises from £567 to £576, an increase of 1.59%.

    (u)

    The fee for a cancelled site-visit relating to medical training is the reasonable cost to the Executive due to the cancellation.

Yn ôl i’r brig

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