UK Offence Report

The Health and Safety (Fees) Regulations 2009 (revoked)

UK Statutory Instrument 2009 No. 515 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
5 March 2009
In force from
6 April 2009
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 revoke and replace the Health and Safety (Fees) Regulations 2008 (S.I. 2008/736) as amended by REACH Enforcement Regulations 2008 (S.I.2008/2852). They consolidate amendments made to those Regulations and update fees to be charged. These Regulations 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— an approval under mines and quarries legislation (regulation 2 and Schedule 1); an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 2); an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 4 and Schedule 3); 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); an approval of dosimetry services for the purposes of the Ionising Radiations Regulations 1999 or the Radiation (Emergency Preparedness and Public Information) Regulations 2001, and an amendment to such an approval. (regulation 8 and Schedule 7); a licence to manufacture or store explosives or for registration for storing explosives, under the Manufacture and Storage of Explosives Regulations 2005; an acetylene importation licence under section 40(9) of the Explosives Act 1875; an approval under certain instruments made under that Act in relation to acetylene; a licence under the Petroleum (Consolidation) Act 1928; the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936; 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). These Regulations also reflect changes to the granting of explosives certificates and licences introduced by the Miscellaneous Amendments and Revocations Regulations 2008 to the Control of Explosives Regulations 1999 (S.I. 1991/1531) due to come into force on 6th April 2009; an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 11 and Schedule 9); and in respect of — a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 13 and Schedule 10); an “assessment agreement” and a “design proposal” as defined in regulation 16 for nuclear installations (regulation 16 and schedule 13); an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 19 and 20 and Schedule 15); an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 18 and 20 and Schedule 14 ); 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). These regulations introduce a fee, payable by employers, to cover the cost to the Health and Safety Executive of storing and processing information sent on behalf of those employers pursuant to the Ionising Radiations Regulations 1999. (Regulation 8 and Schedule 7). 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 14 and Schedules 11) The Regulations fix or determine 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). The Regulations fix fees for advice given to nuclear licensees or potential licences for work done by the Health and Safety Executive in relation to— preparing an assessment agreement and assessing a design proposal for a nuclear site; advice given to potential applicants for a nuclear site licence in relation to their potential application; and general health and safety functions conferred by the 1974 Act for existing licensees (regulation 16). A full regulatory impact assessment of the effect of the changes introduced by regulation 8(9) will have on the costs of business and the voluntary sector is available from the Health and Safety Executive, Financial Management Team, Redgrave Court, Merton Road Bootle, Merseyside, L20 7HS. The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows: Control of Asbestos Regulations 2006 Schedule 7 Applications under the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001 Part 9 Table 1

Offences created by this instrument

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