The Health and Safety (Fees) Regulations (Northern Ireland) 2008
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Health and Safety (Fees) Regulations (Northern Ireland) 2008 and shall come into operation on 10th March 2008.
(2)
In these Regulations—
“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978;
“the Executive” means the Health and Safety Executive for Northern Ireland; and
“renewal of licence” means the granting of a licence to follow a previous licence of the same kind without any amendment or gap in time.
(3)
Fees payable under the Petroleum (Consolidation) Act (Northern Ireland) 1929 and the Petroleum (Transfer of Licences) Act (Northern Ireland) 19372.
The fee payable under each provision specified in column 1 of Schedule 1 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Schedule.
Date from which fees are payable under the Petroleum (Consolidation) Act (Northern Ireland) 1929 and the Petroleum (Transfer of Licences) Act (Northern Ireland) 19373.
Fees payable for medical examination or surveillance by an employment medical adviser4.
(1)
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 2.
(2)
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when the surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination or surveillance.
(3)
For the purposes of paragraph (2), in the case of an examination or surveillance carried out for the purposes of a provision specified in column 1 of Schedule 2—
(a)
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
(b)
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination or any one occasion when surveillance is carried out;
(c)
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination or any one occasion when surveillance is carried out.
(4)
Fees payable for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations (Northern Ireland) 20035.
(1)
(2)
The fee payable for each item described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for various applications under the Control of Asbestos Regulations (Northern Ireland) 20076.
(1)
A fee shall be payable by the applicant to the Executive on each application for a licence under the Control of Asbestos Regulations (Northern Ireland) 2007 (“the 2007 Regulations”).
(2)
The fee payable on application for a licence described in column 1 of Table 1 in Schedule 4 shall be that specified in column 2 of that Table.
(3)
Where the Executive refuses to grant an applicant a licence under the 2007 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.
(4)
The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 in Schedule 4.
(5)
Where the Executive amends a licence granted under the 2007 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.
(6)
The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 in Schedule 4.
(7)
Where the Executive replaces a lost licence granted under the 2007 Regulations or amends a licence granted under those Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.
(8)
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 4.
Fee payable on application for approval under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 19927.
(1)
(2)
The fee payable on application for the approval described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
Fees associated with notifications and applications under the Notification of New Substances Regulations (Northern Ireland) 19948.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees associated with notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 20019.
(1)
The fee specified in column 2 of Schedule 7 shall be payable by a notifier to the competent authority on each such notification or application under the 2001 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
(2)
No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2001 Regulations or a notifier withdraws his notification pursuant to regulation 15(7) of the 2001 Regulations.
(3)
Fees payable in respect of offshore installations10.
(1)
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 8 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
(2)
A fee shall be payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2007 Regulations for 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 1978 Order which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following—
(a)
that operator or owner in relation to the installation to which the current safety case relates; or
(b)
a contractor in relation to any work carried out by him on or in connection with that installation.
(3)
Fees payable in respect of gas safety functions11.
(1)
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 9 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
(2)
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1997 Regulations or by a network emergency co-ordinator for 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 1978 Order which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following—
(a)
that person in relation to the network to which the safety case relates; or
(b)
a contractor in relation to work carried out by him on or in connection with that network,
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is conveyed or used.
(3)
Provisions supplementary to regulations 10 and 1112.
(1)
The fees referred to in regulations 10 and 11 shall—
(a)
not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function referred to in the respective regulation; and
(b)
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
(2)
Any fees payable under regulations 10 and 11 shall not include any costs connected with any—
(a)
criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates’ Court; or
(b)
(3)
(4)
Any reference in regulation 10 to a person who has prepared a current safety case includes a reference to—
(a)
a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and
(b)
a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2007 Regulations.
(5)
Any reference in regulation 11 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.
(6)
Any reference in regulations 10 and 11 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
(7)
Any reference in regulations 10 and 11 to a function conferred on an inspector by the 1978 Order which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Order which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Revocations13.
(1)
(2)
The Regulations referred to in paragraph (1) shall continue to apply in relation to any medical examination or medical surveillance carried out before 10th March 2008 as if these Regulations had not been made.
(3)
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 21st January 2008.
SCHEDULE 1FEES RELATING TO APPLICATIONS FOR PETROLEUM-SPIRIT LICENCES
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SCHEDULE 2FEES PAYABLE FOR MEDICAL EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER
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SCHEDULE 3FEES PAYABLE FOR MEDICAL SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER UNDER THE CONTROL OF LEAD AT WORK REGULATIONS (NORTHERN IRELAND) 2003
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SCHEDULE 4FEES PAYABLE FOR VARIOUS APPLICATIONS UNDER THE CONTROL OF ASBESTOS REGULATIONS (NORTHERN IRELAND) 2007
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SCHEDULE 5FEE PAYABLE ON APPLICATION FOR APPROVAL UNDER THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS (NORTHERN IRELAND) 1992
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SCHEDULE 6F2FEES ASSOCIATED WITH NOTIFICATIONS AND APPLICATIONS UNDER THE NOTIFICATION OF NEW SUBSTANCES REGULATIONS (NORTHERN IRELAND) 1994
SCHEDULE 7FEES ASSOCIATED WITH NOTIFICATIONS AND APPLICATIONS UNDER THE GENETICALLY MODIFIED ORGANISMS (CONTAINED USE) REGULATIONS (NORTHERN IRELAND) 2001
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SCHEDULE 8FEES PAYABLE IN RESPECT OF OFFSHORE INSTALLATIONS
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SCHEDULE 9FEES PAYABLE IN RESPECT OF GAS SAFETY FUNCTIONS
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These Regulations revoke and re-enact the Health and Safety (Fees) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 62). They consolidate amendments made to those Regulations and also update fees to be charged. They fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive for Northern Ireland (“the Executive”), in respect of an application made for—
a licence under the Petroleum (Consolidation) Act (Northern Ireland) 1929 (1929 c. 13 (N.I.)) and for the transfer of a licence under the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937 (1937 c. 4 (N.I.)) (regulation 2 and Schedule 1);
a licence under the Control of Asbestos Regulations (Northern Ireland) 2007 (S.R. 2007 No. 31) and for the re-assessment of whether to grant an application for an asbestos licence and for amendments to, and replacements of lost, asbestos licences (regulation 6 and Schedule 4);
an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 2) (regulation 7 and Schedule 5);
and in respect of—
a notification, application or for the evaluation of information under the Notification of New Substances Regulations (Northern Ireland) 1994 (S.R. 1994 No. 6) (regulation 8 and Schedule 6);
a notification or application under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 295) (regulation 9 and Schedule 7).
The 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 4 and 5 and Schedules 2 and 3).
The Regulations fix or determine the fees payable by specified persons in the offshore and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 10 to 12 and Schedules 8 and 9).
An estimate of the costs associated with these Regulations has been prepared by the Executive and is held at its offices at 83 Ladas Drive, Belfast, BT6 9FR, from where a copy may be obtained on request.
The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows:
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