Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Health and Safety (Fees) Regulations 1987 and shall come into force on 29th April 1987.

(2) In these Regulations, unless the context otherwise requires–

"approval" unless otherwise stated includes the amendment of an approval, and "amendment of an approval" includes the issue of a new approval replacing the original incorporating an amendment;

"employment medical adviser" means an employment medical adviser appointed under section 56(1) of the Health and Safety at Work etc. Act 1974;

"the mines and quarries provisions" means such of the relevant statutory provisions as relate exclusively to–

and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by Regulation 7(3) of the Mines and Quarries Act 1954 to 1971 (Repeals and Modifications) Regulations 1974(4) or are health and safety regulations);

"original approval" and "original authority" do not include an amendment of an approval or an amendment of an authority;

"renewal of approval" or "renewal of licence" means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;

"respiratory protective equipment" includes any respirator and any breathing apparatus.

(3) Unless the context otherwise requires, any reference in these Regulations to–

(a)a numbered Regulation or Schedule is a reference to the Regulation of, or Schedule to, these Regulations so numbered;

(b)a numbered paragraph is a reference to the paragraph so numbered in the Regulation or Schedule in which the reference appears.

Fees payable under the mines and quarries provisions

2.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.

(2) The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in columns 2, 3 and 4 of that Part.

(3) Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below:–

(a)in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;

(b)in any other case, the fee shall be determined under Part III of Schedule 1.

Fees payable in respect of approval of respiratory protective equipment, blasting helmets and automatic safe load indicators

3.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval–

(a)of respiratory protective equipment–

(i)under the Factories Act 1961(5), or any regulations made or having effect as if made under that Act,

(ii)under the Control of Lead at Work Regulations 1980(6), and

(iii)under the Ionising Radiations Regulations 1985(7);

(b)of blasting helmets under the Factories Act 1961, or any regulations made or having effect as if made under that Act; and

(c)of automatic safe load indicators under the Construction (Lifting Operations) Regulations 1961(8), and the Shipbuilding and Ship-Repairing Regulations 1960(9).

(2) The fee payable for approval of each subject matter described in column 1 of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fees payable under the Agriculture (Tractor Cabs) Regulations 1974 and the Poisonous Substances in Agriculture Regulations 1984

4.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under–

(a)the Agriculture (Tractor Cabs) Regulations 1974(10); and

(b)the Poisonous Substances in Agriculture Regulations 1984(11).

(2) The fee payable for the approval of each matter described in column 1 of Part I of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Part.

(3) Where the Executive requires testing to be carried out by its staff to decide whether approval of respiratory protective equipment can be granted under the Poisonous Substances in Agriculture Regulations 1984, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for approval, and the fee shall be that specified in column 2 of Part II of Schedule 3.

Fee payable under the Freight Containers (Safety Convention) Regulations 1984

5.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984(12).

(2) The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fee payable for a licence under the Asbestos (Licensing) Regulations 1983

6.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983(13).

(2) The fee payable for a licence of each subject matter described in column 1 of Schedule 5 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fees payable for examination by an employment medical adviser

7.-(1) A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.

(2) The fee payable under paragraph (1) shall be a basic fee for each examination together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6–

(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;

(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.

(3) Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Asbestos (Licensing) Regulations 1983, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2) of this Regulation.

Fee for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980

8.-(1) A fee shall be payable to the Health and Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980.

(2) The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.

Fees for approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985

9.-(1) A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services and for the annual reasessment of an approval of dosimetry services previously granted.

(2) A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.

(3) The fee payable for approval or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, and the fee for annual reassessment of such approval in respect of each such matter shall be that specified in column 3 of that Schedule.

Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 and under the Gas Cylinders (Conveyance) Regulations 1931

10.-(1) Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.

(2) The fee or maximum fee payable under each provision in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.

(3) A fee shall be payable by the applicant to the Executive on each application being made for each purposes specified in column 1 of Parts III, IV, V and VI of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 of those Parts.

(4) A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VII of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to the granting of the application.

Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936

11.  Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928(14) or section 1(4) of the Petroleum (Transfer of Licences) Act 1936(15) the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations, irrespective of the date of the application for that licence, transfer or renewal.

Fees for testing in connection with application under the Classification and Labelling of Explosives Regulations 1983

12.  A fee shall be payable to the Health and Safety Executive by the applicant if any testing is carried out by or on behalf of the Executive with the agreement of the applicant in connection with any purpose specified in column 1 of Schedule 10, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Schedule for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to the granting of the application.

Calculation of hours worked

13.  In calculating the number of hours worked for the purpose of determining the amount of a fee payable under Regulation 3(2), 4(3), 10(4) or 12 no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).

Revocations

14.  The Regulations specified in columns 1 and 2 of Schedule 11 are hereby revoked to the extent specified in column 3 of that Schedule.

Northern Ireland

15.  These Regulations shall not apply to Northern Ireland.

Regulation 2

SCHEDULE 1

PART Iapproval of plant, apparatus or substance under the mines and quarries provisions

PART IIfees for testing explosives and detonators under the mines and quarries provisions

PART IIIfee for other testing

The fee for any testing not fixed by Part II of this Schedule shall be £48 for each man-hour of work done in the testing, excluding any typing, messenger or other ancillary work (for which no further charge shall be payable).

Regulation 3

SCHEDULE 2approval of respiratory protective equipment, blasting helmets, and automatic safe load indicators

Regulation 4

SCHEDULE 3

PART Iapprovals under the agriculture (tractor cabs) regulations 1974, and poisonous substances in agriculture regulations 1984

PART IIfees for testing respiratory protective equipment under the poisonous substances in agriculture regulations 1984

Regulation 5

SCHEDULE 4approval under the freight containers (safety convention) regulations 1984

Regulation 6

SCHEDULE 5licence under the asbestos (licensing) regulations 1983

Regulation 7

SCHEDULE 6fees for examination by an employment medical adviser

Regulation 8

SCHEDULE 7fees for medical surveillance by employment medical adviser under the control of lead at work regulations 1980

Regulation 9

SCHEDULE 8fees for approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the ionising radiations regulations 1985(16)

Regulation 10

SCHEDULE 9fees payable under the explosives act 1875 and instruments made thereunder, under the petroleum (consolidation act) 1928 and the petroleum (transfer of licences) act 1936, and under the gas cylinders (conveyance) regulations 1981

PART Iapplications for factory licences, magazine licences and importation licences and amending licences under sections 6, 12 and 40(9) of the explosives act 1875 and replacement of such licences

PART IIfee or maximum fee payable in respect of granting and renewal of an explosives store licence, the registration or renewal of registration of premises used for keeping explosives and the granting and transfer of petroleum-spirit licences

PART IIIapplications under paragraph (1) of the proviso to order in council (no. 30) of 2nd February 1937(18) for approvals of premises and apparatus in which acetylene is to be manufactured or kept

PART IVapplications for comparisons and approvals in respect of conditions (1), (5) and (8) in the order of secretary of state (no. 9) of 23rd june 1919(19)

PART Vapplications for approvals for the purpose of exemption orders made under regulation 14 of the gas cylinders (conveyance) regulations 1931(20)

PART VImiscellaneous application

PART VIIfurther fees payable in respect of certain testing required by the health and safety executive

Regulation 12

SCHEDULE 10fees for testing in connection with application under the classification and labelling of explosives regulations 1983(24)

Regulation 14

SCHEDULE 11REVOCATIONS

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations supersede and revoke the Regulations listed in Schedule 11 to the extent specified in column 3 of that Schedule (Regulation 14 and Schedule 11). They fix or determine the fees payable in respect of an application made for–

(a)an approval under mines and quarries legislation (Regulation 2 and Schedule 1);

(b)an approval of certain respiratory protective equipment, blasting helmets, and of automatic safe load indicators (Regulation 3 and Schedule 2);

(c)an approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 and the Poisonous Substances in Agriculture Regulations 1984 (Regulation 4 and Schedule 3);

(d)an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (Regulation 5 and Schedule 4);

(e)a licence under the Asbestos (Licensing) Regulations 1983 (Regulations 6 and Schedule 5);

(f)an approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985 (Regulation 9 and Schedule 8);

(g)an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments thereunder, a licence under the Petroleum (Consolidation) Act 1928, the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, and for the purpose of each of the exemption orders made under the Gas Cylinders (Conveyance) Regulations 1931 (Regulation 10 and Schedule 9). The Home Office Specifications referred to in Part V of Schedule 9 are obtainable from the Health and Safety Executive, Technical Division 2A, Mechanical Systems Unit, Magdalen House, Stanley Precinct, Bootle, Merseyside L20 3QZ;

(h)testing for the purpose of the classification of an article, substance, combination, or unit load under the Classification and Labelling of Explosives Regulations 1983 (Regulation 12 and Schedule 10).

2.  The Regulations also fix the fees to be paid in respect of medical examination (Regulation 7 and Schedule 6) and surveillance (Regulation 8 and Schedule 7) by an employment medical adviser which are required under certain of the relevant statutory provisions.

3.  For testing the respiratory protective equipment under the Poisonous Substances in Agriculture Regulations 1984 (Regulation 4 and Schedule 3), for testing in connection with an application under the Classification and Labelling of Explosives Regulations 1983 (Regulation 12 and Schedule 10), and for the replacement of a licence or the issue of a new licence replacing the original and incorporating an amendment under the Compressed Acetylene (Importation) Regulations 1978 (Regulation 10 and Schedule 9), a fee is fixed for the first time.

4.  The changes to the fees fixed by or determined under the previous Regulations are as follows:–

5.  The Regulations do not apply to Northern Ireland.