2.—(1) The 2012 Regulations shall be amended in accordance with paragraphs (2) and (3).
(2) After regulation 12, insert—
12A.—(1) Subject to paragraph (3), a fee is 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 it as are specified in column 1 of that Schedule.
(2) Any fee referred to in paragraph (1) is—
(a)not to exceed the sum of the costs reasonably incurred by the Executive for the performance of the function; and
(b)payable within 30 days from the date of the invoice that the Executive has sent or given to the person who shall pay that fee, and such invoices shall include a statement of the work done and the costs incurred, including the period to which the statement relates.
(3) No fee is payable under paragraph (1) for the performance by the Executive of the functions specified in column 1 of Schedule 9 to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to the Control of Major Accident Hazard Regulations (Northern Ireland) 2000(1).
(4) For the purposes of this regulation and Schedule 9, “the 1995 Regulations” means the Borehole Sites and Operations Regulations (Northern Ireland) 1995(2), and “borehole site” and “operator” have the same meaning as in those Regulations.”
(3) After Schedule 8 insert Schedule 9 as set out in the Schedule to these Regulations.
S.R. 2000 No. 93, amended by S.R. 2005 No. 305, S.R. 2008 No. 424, S.R. 2009 No. 132 and S.R. 2013 No. 161
S.R. 1995 No. 491, amended by S.R. 1999 No. 150 and S.R. 2000 No. 388