The Health and Safety (Fees) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations revoke and replace the Health and Safety (Fees) Regulations 2007 (S.I. 2007/ 813) as amended by the Health and Safety (Fees) (Amendment) Regulations 2007 (S.I. 2007/1672). These regulations consolidate amendments made to those Regulations and also update fees to be charged. They also extend charging for general health and safety in high hazard industries They fix or determine the fees payable by an applicant to, in most cases, the Health and Safety 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 amendment to, replacement of, and reassessment of an application to grant, 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 (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, for an acetylene importation licence under section 40(9) of the Explosives Act 1875, for an approval under certain instruments made under that Act in relation to acetylene, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, for the approval of a classification of an explosive under the Classification and Labelling of Explosives Regulations 1983, or for an explosive certificate under the Control of Explosives regulations 1991 (regulation 9 and Schedule 8). In relation to those explosive certificates, these Regulations include lower fees for those applying for such certificates so as 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);

(h) an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 19 and 21 and Schedule 15 );

(i) an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 20 and 21 and Schedule 16);

(j) an “assessment agreement” and a “design proposal” as defined in regulation 17 for nuclear installations (regulation 17 and schedule 14);

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

(l) a notification or application under the Notification of New Substances Regulations 1993 (regulation 14 and Schedule 11).

2.  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 6 and 7 and Schedules 5 and 6).

3.  The Regulations fix or determine the fees payable by specified persons in the offshore for the performance by the Executive of the functions specified in those provisions and in relation to general health and safety functions at those sites (regulations 15 and 16 and Schedules 12 and 13)

4.  The regulations introduce fees for advice given to nuclear licensees or potential licences for work done by the Health and Safety Executive in relation to—

(a) advice given to potential applicants for a nuclear site licence in relation to their potential application; and

(b) general health and safety functions conferred by the 1974 Act (1) for existing licensees (regulation 17).

5.  The regulations introduce fees for work done by the Health and Safety Executive in relation to the enforcement of general health and safety functions conferred by the 1974 Act for relating to the transportation of gas through “major accident hazard pipelines”, including where such work is not directly concerned with protecting persons from the risks arising from the manner in which gas is conveyed or used(regulation 15).

6.  The regulations amend the Control of Major Accident Hazards Regulations 1999 (as amended) to introduce fees for work done by the Health and Safety Executive in relation to the enforcement of general health and safety functions conferred by the 1974 Act for establishments that are required by regulation 7 of those regulations to prepare a safety report (regulation 22).

7.  A Full Impact Assessment was not prepared on these changes as the impact on the voluntary sector will be nil and the impact on the private sector will be negligible.

8.  The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows:

Provision of these Regulations which fixes or determines the fees	Previous Fee			New Fee			Percentage Increase
Schedule 1	Original approval	Amendment of approval	Renewal of approval	Original approval	Amendment of approval	Renewal of approval	Original approval	Amendment of approval	Renewal of approval
Fees under Mines and Quarries provisions
Part 1
Approval of explosives	£317	£221	£77	£325	£225	£80	2.52	1.81	3.9
Part 2
Break test shot		£244			£250			2.46
Deflagration		£194			£200			3.09
Detonator test (per 100 shots)		£1,492			£1,530			2.55
Detonator delay time test (per 100 shots)		£1,181			£1,210			2.46
Gallery shot		£279			£285			2.15
Velocity of detonation test (per 3 shots)		£481			£495			2.91
Part 3
Other testing not fixed in Part 2	Reasonable cost to the Executive of having the work carried out			Reasonable 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		£455			£465			2.2
Revision of an existing approval of a tractor cab		£250			£255			2.0
Schedule 3
Approval under the Freight Containers (Safety Convention) Regulations 1984
Approval of scheme or programme for examination of freight containers		£87			£90			3.45
Schedule 4
Applications under the Control of Asbestos Regulations 2006
Table 1
Licence for work with asbestos or renewal of licence		£1,050			£1,160			10.48
Table 2
Re-assessment of licence application		£283			£300			6.01
Amendment of condition, or duration, of licence		£283			£300			6.01
Amendment or replacement, of a licence		£76			£80			5.26

	Basic	X-Rays	Laboratory tests	Basic	X-Rays	Laboratory tests	Basic	X-Rays	Laboratory tests
Schedule 5
Examination or surveillance by an employment medical adviser
The Ionising Radiations Regulations 1999
(a) where surveillance is confined to examination of, and making entries in, records	£35	£67	£39	£36	£70	£40	2.86	4.48	2.56
(b) in other cases	£66	£67	£39	£68	£70	£40	3.03	4.48	2.56
Control of Asbestos Regulations 2006	£66	£67	£39	£68	£70	£40	3.03	4.48	2.56
Control of Substances Hazardous to Health Regulations 2002	£66	£67	£39	£68	£70	£40	3.03	4.48	2.56
The Work in Compressed Air Regulations 1996	£66	£67	£39	£68	£70	£40	3.03	4.48	2.56
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)	£66			£70				6.06
On each subsequent assessment of an employee —
(i) for laboratory tests where these are carried out	£39			£40				2.56
(ii) for a clinical medical examination where this is carried out	£39			£40				2.56
Schedule 7 Applications under the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
Table 1
Group 1								Fee	Hourly rate
Dose record keeping where the application is solely in respect of Group I function	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
Dose record keeping where the application for Group I functions is linked to an application for approval in another group	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
Group II
External dosimetry
(a) Whole body (beta, gamma, thermal neutrons) film	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
(b) Whole body (beta, gamma, thermal neutrons) thermoluminescent dosemeter (TLD)	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
(c) Whole body (neutron), other than sub-groups (a) or (b)	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
(d) Whole body, other than sub-groups (a), (b), or (c)	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
(e) Extremity monitoring	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
(f) Accident dosimetry, other than in the previous sub-groups	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
Group III
Internal dosimetry
(a) Bio-assay or in-vivo monitoring or air sampling	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
(b) For each additional technique	£466 plus £126 per hour worked by Nuclear or Specialist Inspector			£560 plus £130 per hour worked by Nuclear or Specialist Inspector				20.17	3.17
Type approval of apparatus under sub-paragraph 1(c)(i) or 1(d)(i) respectively of Schedule 1 to the Ionising Radiations Regulations 1999	£128 plus £126 per hour worked by Nuclear or Specialist Inspector			£130 plus £130 per hour worked by Nuclear or Specialist Inspector				1.56	3.17
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	£1,770 plus £126 per hour worked by Nuclear or Specialist Inspector			£1,820 plus £130 per hour worked by Nuclear or Specialist Inspector				2.82	3.17
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	£586 plus £116 per hour worked by Specialist Inspector			£605 plus £122 per hour worked by Specialist Inspector				3.24	5.17
Licence to manufacture ammonium nitrate blasting intermediate	£144 per hour worked			£150 per hour worked				2.78
Licence to manufacture explosives by means of on-site mixing	£216 plus £116 per hour worked by Specialist Inspector			£225 plus £122 per hour worked by Specialist Inspector				4.17	5.17
Renewal of any of the above licences	£77 plus £116 per hour worked by Specialist Inspector			£80 plus £122 per hour worked by Specialist Inspector				3.9	5.17
Licence to store explosives	£586 plus £116 per hour worked by Specialist Inspector			£605 plus £122 per hour worked by Specialist Inspector				3.24	5.17
Renewal of a licence	£77			£80				3.9
Varying a licence to manufacture explosives not being ammonium nitrate blasting intermediate or to store explosives	£401			£415				3.49
Varying a licence to manufacture ammonium nitrate blasting intermediate	£144 per hour worked			£150 per hour worked				4.17
Transfer of a licence	£49			£50				2.04
Replacement of any licence referred to in Part 1	£49			£50				2.04
Part 2
Licence to store explosives:
(a) one year’s duration	£144			£170				18.06
(b) two years’ duration	£216			£245				13.43
(c) three years’ duration	£270			£300				11.11
Renewal of a licence:
(a) one year’s duration	£79			£80				1.27
(b) two years’ duration	£131			£135				3.05
(c) three years’ duration	£184			£190				3.26
Registration in relation to the storage of explosives:
(a) one year’s duration	£86			£100				16.28
(b) two years’ duration	£129			£135				4.65
(c) three years’ duration	£149			£155				4.03
Renewal of registration:
(a) one year’s duration	£43			£50				16.28
(b) two years’ duration	£81			£85				4.94
(c) three years’ duration	£108			£110				1.85
Varying a licence:
(a) varying name of licensee or name of site	£32			£33				6.25
(b) any other kind variation	Reasonable cost to the licensing authority of having the work carried out			Reasonable cost to the licensing authority of having the work carried out				-
Transfer of licence or registration	£32			£33				3.13
Replacement of licence or registration referred to above if lost	£32			£33				3.13
Part 3
Licence for importation of compressed acetylene	£36 plus £116 per hour worked by Specialist Inspector			£37 plus £122 per hour worked by Specialist Inspector				2.78	5.17
Replacement of the above licence if lost	£36			£37				2.78	-
Part 4
Licence to keep petroleum spirit of a quantity —
- not exceeding 2,500 litres	£39 for each year of licence			£40 for each year of licence				2.56
- exceeding 2,500 litres but not exceeding 50,000 litres	£54 for each year of licence			£55 for each year of licence				1.85
- exceeding 50,000 litres	£111 for each year of licence			£115 for each year of licence				3.60
Transfer of petroleum spirit licence	£8			£8				-
Part 5
Original approval of premises in which acetylene is to be manufactured or kept	£36 plus £116 per hour worked by Specialist Inspector			£37 plus £122 per hour worked by Specialist Inspector				2.78	5.17
Amendment of an approval of premises in which acetylene is to be manufactured or kept	£36 plus £116 per hour worked by Specialist Inspector			£37 plus £122 per hour worked by Specialist Inspector				2.78	5.17
Approval of apparatus in which acetylene is to be manufactured or kept	£36 plus £116 per hour worked by Specialist Inspector			£37 plus £122 per hour worked by Specialist Inspector				2.78	5.17
Part 6
Original approval of premises in which acetylene is compressed	£36 plus £116 per hour worked by Specialist Inspector			£37 plus £122 per hour worked by Specialist Inspector				2.78	5.17
Amendment of an approval of premises in which acetylene is compressed	£36 plus £116 per hour worked by Specialist Inspector			£37 plus £122 per hour worked by Specialist Inspector				2.78	5.17
Part 7
Approval of classification of an explosive	£62 per hour worked			£65 plus £65 per hour worked after the first hour				4.84	-
Part 8
Testing in connection with specified applications in Parts 3, 5 and 7	Reasonable cost to the Executive of having the testing carried out			Reasonable cost to the Executive of having the testing carried out				-	-
Part 9 Table 1
Explosives certificate for acquiring and keeping explosives	£173			£180				4.05
Renewal of the above certificate	£142			£145				2.11
Explosives certificate for acquiring and keeping explosives for storage of no more than 2000 kg of explosives	£184			£190				3.26
Renewal of the above certificate	£168			£175				4.17
Explosives certificate for acquiring and keeping explosives at site for storage of more than 2000 kg of explosives	£237			£245				3.38
Renewal of the above certificate	£210			£215				2.38
Replacement of any of the above certificates if lost	£32			£33				3.13
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.	£22			£23				4.55
Renewal of the above certificate	£15			£15				-
Certifcate 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.	£41			£42				2.44
Renewal of the above certificate	£18			£18				-
Replacement of the above certificates if lost	£10			£10				-
Table 2
Regulation 4(6)(d) check	£5			£5				-
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	£641 plus £116 per hour worked			£660 plus £122 per hour worked				2.96	5.17
Change of licence name or address	£51			£52				1.96
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			£465				0.00
Notification of an activity involving genetic modification in class 2 under regulation 10(1)	£929			£929				0.00
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			£929				0.00
Notification of an activity involving genetic modification in class 3 under regulation 11(1)	£1,007			£1,007				0.00
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			£1,007				0.00
Notification of an activity involving genetic modification in class 4 under regulation 11(1)	£1,161			£1,161				0.00
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			£1,161				0.00
Notification of an activity involving genetic modification or organisms other than micro-organisms under regulation 12(1)	£929			£929				0.00
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			£929				0.00
Notification of an additional information under regulation 15(3)	£696			£696				0.00
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			£696				0.00
Schedule 11
Notification of New Substances Regulations 1993
Table 1
For the evaluation of a notification under regulation 4 (“base set”)	£4,987			£4,987				0.00
For the evaluation of a notification of a substance already notified	£2,374			£2,374				0.00
For the evaluation of a notification under regulation 5(1)(a) (>10 tonnes per year)	£2,619			£2,619				0.00
For the evaluation of a notification under regulation 5(1)(b) (>100 tonnes per year)	£5,154			£5,154				0.00
For the evaluation of a notification under regulation 5(1)(c) (> 1,000 tonnes per year)	£3,613			£3,613				0.00
For a notification under regulation 6 —
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1))	£1,614			£1,614				0.00
(b) quantity of the new substance up to 100 kg (regulation 6(2))	£1,014			£1,014				0.00
Evaluation of a notification (whether made under regulation 6(1) or 6(2), as the case may be) in respect of an RTP polymer of an amount equal to or more that 10kg per annum but less than one tonne per annum or the total amount is equal to or more than 500kg but less than 5 tonnes	£1,614			£1,614				0.00
For an evaluation of information provided under regulation 6(4) (d) (i) in respect of a substance for the purposes of process orientated research and development	£646			£646				0.00
For an application made by a notifier for an exemption relating to him under regulation 23	£2,619			£2,619				0.00
Additional fee to the fee above for the evaluation of a notification under regulation 4 where there is no adequate risk assessment	£2,393 plus VAT			£2,393 plus VAT				0.00
Additional fee to the fee above for the evaluation of a notification under regulation 6 where there is no adequate risk assessment
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1))	£578 plus VAT			£578 plus VAT				0.00
(b) quantity of the new substance up to 100 kg (regulation 6(2))	£578 plus VAT			£578 plus VAT				0.00
Schedule 12
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 13
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 14
Nuclear Installations				Sum of the costs reasonably incurred by the Executive for the function performed				-
Schedule 15
Approvals under the Health and Safety (First-Aid) Regulations 1981
Table 1	Fee for original approval	Fee for an additional site-visit	Fee for renewal of approval	Fee for original approval	Fee for an additional site-visit	Fee for renewal of approval
	£1,204	£431	£83	£1,350	£485	£95	12.13	12.53	14.46

Table 2	Fee for initial site-visit	Fee for any addition-al site-visit	Fee for a site-visit to investigate a complaint	Fee for a cancelled site-visit	Fee for initial site-visit	Fee for any additional site-visit	Fee for site-visit to investingate a complaint	Fee for a cancelled site-visit
	£479	£431	£479	£479	£535	£485	£535	£535	11.69	12.53	11.69	11.69
Schedule 16
Approvals under the Offshore Installations and Pipelines Works (First-Aid) Regulations 1989
Table 1	Fee for original approval: first-aid	Fee for original approval:medical	Fee for renewal of approval: first-aid	Fee for renewal of approval: medical	Fee for original approval: first-aid	Fee for original approval:medical	Fee for renewal of approval: first-aid	Fee for renewal of approval: medical
	£1,204	£1,766	£83	£83	£1,350	£1,980	£95	£95	12.13	12.12	14.46	14.46
Table 2	Fee for additional site-visit: first-aid		Fee for additional site-visit: medical		Fee for additional site-visit: first-aid		Fee for additional site-visit: medical
	£431		£1,144		£485		£1,280		12.53		11.89
Table 3	Fee for initial site-visit: first-aid	Fee for initial site-visit: medical	Fee for addition-al site-visit: first-aid	Fee for addition-al site-visit: medical	Fee for initial site-visit: first-aid	Fee for initial site-visit: medical	Fee for additional site-visit: first-aid	Fee for additional site-visit: medical
	£479	£1,144	£431	£1,144	£535	£1,280	£485	£1,280	11.69	11.89	12.53	11.89

Table 4	Fee for a site-visit to investigate a complaint	Fee for a cancelled site-visit	Fee for a cancelled site-visit relating to training	Fee for a site-visit to investigate a complaint	Fee for a cancelled site-visit	Fee for a cancelled site-visit relating to training
	£479	£479	Reasonable cost to the Executive due to the cancellation	£535	£535	Reasonable cost to the Executive due to the cancellation	11.69	11.69	-

(1)

S24A of the Nuclear Installations Act 1965 provides power to charge in respect of implementing the Nuclear Installations Act’s provisions and carrying out research into nuclear safety.