UK Offence Report

The Health and Safety (Fees) Regulations 2002

UK Statutory Instrument 2002 No. 655 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
12 March 2002
In force from
2 April 2002
Extent
Not stated
Subject
Firearms, offensive weapons, explosives and poisons
Made under
European Communities Act 1972, Health and Safety at Work etc. Act 1974

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations update and replace the Health and Safety (Fees) Regulations 2001 (S.I. 2001/2626). They fix or determine the fees payable by an applicant to the Health and Safety Executive in respect of an application made for— an approval under mines and quarries legislation (regulation 2 and Schedule 1); an approval of certain respiratory protective equipment (regulation 3 and Schedule 2); an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 4 and Schedule 3); an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 5 and Schedule 4); a licence under the Asbestos (Licensing) Regulations 1983 (regulation 6 and Schedule 5); an approval of dosimetry services or type approval of apparatus under the Ionising Radiations Regulations 1999 (regulation 9 and Schedule 8); an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments thereunder, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, or for the classification of an article, substance, combination or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 10 and Schedule 9); an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 12 and Schedule 10); an approval under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 14 and Schedule 12); an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 23 and 25 and Schedule 19); an approval under the Offshore Installations and Pipelines Works (First-Aid) Regulations 1989 (regulations 24 and 25 and Schedule 20); and in respect of— a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 13 and Schedule 11); a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (regulation 15 and Schedule 13); a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 17 and Schedule 14); a notification or application under the Notification of New Substances Regulations 1993 (regulation 18 and Schedule 15). 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 7 and 8 and Schedules 6 and 7). The Regulations fix or determine the fees payable by specified persons in the offshore, rail and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 19 to 22 and Schedules 16 to 18). Besides the increases for fixed fees which are indicated in the table below, the main changes made by these Regulations are the following. The fee for an application for the classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 or for an authorisation of an explosive under section 40(9) of the Explosives Act 1875 is now of a fixed amount instead of being the reasonable cost to the Executive of having the work carried out (regulation 10(4) and (5) and Part V of Schedule 9). The fees to be paid under regulation 14 and Schedule 12 (applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996) are no longer of a fixed amount, but are now to be the reasonable cost to the Secretary of State of having the work carried out. There is a lower fee for the evaluation of a notification under regulation 4 of the Notification of New Substances Regulations 1993 in the case of a substance which has already been notified under those Regulations or notified to a competent authority of a European Community member State, than for an evaluation of a notification under regulation 4 where there has been no such earlier notification. There is now also specific provision for the fee for the evaluation of a notification under regulation 6(1) or (2) of those Regulations in the case of polymers of certain amounts for which a reduced test package is acceptable (regulation 18 and Schedule 15). These Regulations introduce fixed fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulation 24 and Schedule 20). Supplementary provisions are included with respect to these fees and fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981 which provide for repayment of an amount of fees in certain situations (regulation 25). A copy of the regulatory impact assessment prepared in respect of these new provisions for fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 can be obtained from the Health and Safety Executive, Economic Adviser’s Unit, Rose Court, 2 Southwark Bridge, London, SE1 9HS. A copy has been placed in the library of each House of Parliament. The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows: where surveillance is confined to examination of, and making entries in, records in other cases for laboratory tests where these are carried out for a clinical medical examination where this is carried out Bio-assay or in-vivo monitoring or air sampling for each additional technique not exceeding 2,500 litres exceeding 2,500 litres but not exceeding 50,000 litres exceeding 50,000 quantity of the new substance equal to or more than 100 kg (regulation 6(1)) quantity of the new substance up to 100 kg (regulation 6(2))

Offences created by this instrument

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