The Health and Safety and Nuclear (Fees) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Health and Safety and Nuclear (Fees) Regulations 2016 (S.I. 2016/253) (“the 2016 Regulations”), except that the saving made by regulation 26(2) of the 2016 Regulations is maintained.

The Regulations introduce fee increases for the fees that were fixed or determined by the 2016 Regulations reflecting the changes in the value of money since that date. The fees are raised by 2.2% from the level set out in the 2016 Regulations.

The Regulations fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive, in respect of—

(a) an application for approval of plant of equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 1);

(b) applications under the Freight Containers (Safety Conventions) Regulations 1984 (regulation 4 and Schedule 2);

(c) applications for approval under the Control of Asbestos Regulations 2012 (regulation 5 and Schedule 3);

(d) examination or surveillance by an employment medical adviser (regulation 6 and Schedule 4);

(e) medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002 (regulation 7 and Schedule 5);

(f) applications under the Ionising Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 (regulation 8 and Schedule 6);

(g) applications under the Explosives Regulations and the Acetylene Safety (England and Wales and Scotland) Regulations 2014 (regulation 9 and Schedule 7);

(h) an application under the Petroleum (Consolidation) Regulations 2014 (regulation 10 and Schedule 7);

(i) applications under Part 9 of the Dangerous Goods in Harbour Areas Regulations 2016 (regulation 11 and Schedule 8);

(j) applications and notifications under the Genetically Modified Organisms (Contained Use) Regulations 2014 (regulation 13 and Schedule 9);

(k) offshore installations (regulation 14 and Schedule 10);

(l) gas safety functions (regulation 15 and Schedule 11);

(m) nuclear installations (regulation 16 and Schedule 12);

(n) offshore first-aid and medical training (regulation 18 and Schedule 13); and

(o) notifications under the Borehole Sites and Operations Regulations 1995 (regulation 20 and Schedule 14).

Under regulation 21 and Schedule 15, fees are prescribed that are payable under Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the 34 making available on the market and use of biocidal products and the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013.

Under regulation 22 and Schedule 16, fees are prescribed that are payable under Regulation (EC) 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures.

Under regulations 23 to 25, fees are payable in respect of functions performed by the Executive if a person is in contravention of the relevant statutory provisions (“fees for intervention”).

Regulation 26 requires the Secretary of State to review the operation and effect of these Regulations and to publish a report within five years of the Regulations coming into effect.

Regulation 27 revokes the 2016 Regulations, except for the saving at 26(2) of those Regulations, which is to continue to have effect.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.