The Health and Safety and Nuclear (Fees) Regulations 2022

UK Statutory Instrument 2022 No. 1378 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 19 December 2022
In force from: 21 December 2022
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: Energy Act 2013, Health and Safety at Work etc. Act 1974, S.I. 2021/33, S.I. 2022/1037, Schedule 7 to, the European Union (Withdrawal) Act 2018

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 and Nuclear (Fees) Regulations 2021 (S.I. 2021/33) (“the 2021 Regulations”). The Regulations fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive, in respect of— a an application for approval of plant of equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 1); b applications under the Freight Containers (Safety Convention) Regulations 2017 (S.I. 2017/325) (regulation 4 and Schedule 2); c applications for approval under the Control of Asbestos Regulations 2012 (S.I. 2012/632) (regulation 5 and Schedule 3); d examination or surveillance by an employment medical adviser (regulation 6 and Schedule 4); e medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002 (S.I. 2002/2676) (regulation 7 and Schedule 5); f applications under the Ionising Radiations Regulations 2017 (S.I. 2017/1075) and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 (S.I. 2019/703) (regulation 8 and Schedule 6); g applications under the Explosives Regulations 2014 (S.I. 2014/1638) and the Acetylene Safety (England and Wales and Scotland) Regulations 2014 (S.I. 2014/1639) (regulation 9 and Schedule 7); h an application under the Petroleum (Consolidation) Regulations 2014 (S.I. 2014/1637) (regulation 10 and Schedule 7); i applications under Part 9 of the Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721) (regulation 11 and Schedule 8); j applications and notifications under the Genetically Modified Organisms (Contained Use) Regulations 2014 (S.I. 2014/1663) (regulation 13 and Schedule 9); k offshore installations (regulation 14 and Schedule 10); l gas safety functions (regulation 15 and Schedule 11); m nuclear installations (regulation 16 and Schedule 12); n offshore first-aid and medical training (regulation 18 and Schedule 13); and o notifications under the Borehole Sites and Operations Regulations 1995 (S.I. 1995/2038) (regulation 20 and Schedule 14). Under regulation 21 and Schedule 15, fees are prescribed that are payable for work carried out under— a Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (EUR 2012/528) (“the Biocides Regulation”); b the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506); c Commission Implementing Regulation (EU) No 354/2013 of 18 April 2013 on changes of biocidal products authorised in accordance with the Biocides Regulation (EUR 2013/354); and d Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in the Biocides Regulation (EUR 2014/1062). Under regulation 22 and Schedule 16, fees are prescribed that are payable under Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (EUR 2008/1072), in connection with proposals submitted under Article 37A(3)(1) of that Regulation. Under regulations 23 to 25, fees are payable in respect of functions performed by the Executive if a person is in contravention of the relevant statutory provisions (“fees for intervention”). Regulation 26 requires the Secretary of State to review the operation and effect of these Regulations and to publish a report within five years of the Regulations coming into effect. Regulation 27 revokes the 2021 Regulations and regulation 14 of the Chemicals (Health and Safety) Trade and Miscellaneous Amendments Regulations 2022 (S.I. 2022/1037). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

Contravention of The Health and Safety and Nuclear (Fees) Regulations 2022 the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Health and Safety and Nuclear (Fees) Regulations 2022 Commons · General Committees · 30 January 2023 · The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)
I beg to move, That the Committee has considered the Health and Safety and Nuclear (Fees) Regulations 2022 (S.I. 2022, No. 1378). It is a real pleasure to serve under your chairmanship, Mr Hollobone. The regulations were laid before Parliament on 20 December 2022 and came into force on 21 December 2022. The regulations correct an error in the powers used to make the Health and Safety and Nuclear (Fees) Regulations 2021. The error was an unfortunate oversight, whereby pressures on the Government Legal Department, or GLD, due to the volume of covid, Brexit and trade agreement work resulted in…
Health and Safety and Nuclear (Fees) Regulations 2022 Commons · General Committees · 30 January 2023
Health and Safety and Nuclear (Fees) Regulations 2022 Lords · Grand Committee · 31 January 2023 · The Parliamentary Under-Secretary of State, Department for Work and Pensions (Viscount Younger of Leckie) (Con)
My Lords, the Health and Safety and Nuclear (Fees) Regulations 2022 statutory instrument was laid before Parliament on 20 December 2022 and came into force on that same day. These regulations correct an error in the powers used to make the Health and Safety and Nuclear (Fees) Regulations 2021. The error was an unfortunate oversight. Due to the volume of Covid, Brexit and trade agreement work, pressures on the Government Legal Department—GLD for short—resulted in this referencing error not being picked up in checks. HSE and GLD regret the error and are taking steps to reduce the risk of this…
Business without Debate Commons · Commons Chamber · 31 January 2023 · Madam Deputy Speaker (Dame Rosie Winterton)
With the leave of the House, we shall take motions 3 and 4 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Health and Safety That the Health and Safety and Nuclear (Fees) Regulations 2022 (S.I., 2022, No. 1378), dated 19 December 2022, a copy of which was laid before this House on 20 December 2022, be approved. Energy That the Energy Bill Relief Scheme (Non-Standard Cases) Regulations 2023 (S.I., 2023, No. 9), dated 10 January 2023, a copy of which was laid before this House on 11 January, be approved. — (Mike Wood.) Question agreed to.
Health and Safety and Nuclear (Fees) Regulations 2022 Lords · Grand Committee · 31 January 2023
Health and Safety and Nuclear (Fees) Regulations 2022 Lords · Grand Committee · 31 January 2023 · Viscount Younger of Leckie
That the Grand Committee do consider the Health and Safety and Nuclear (Fees) Regulations 2022.
Health and Safety and Nuclear (Fees) Regulations 2022 Lords · Lords Chamber · 1 February 2023

How Parliament handled it

Both Houses had to approve this instrument before it could take effect, and did so.

Procedure: Made affirmative — both Houses had to approve it
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

Instrument created 19 December 2022
Instrument made (signed into law) 19 December 2022
Laid before the House of Commons 20 December 2022 · Commons
Laid before the House of Lords 20 December 2022 · Lords
Motion to approve the instrument tabled by the Government 20 December 2022 · Commons
Instrument comes into force as law 21 December 2022
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 17 January 2023 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 17 January 2023 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 18 January 2023 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 18 January 2023 · Commons, Lords
Motion to approve the instrument tabled by the Government 24 January 2023 · Lords
Delegated Legislation Committee (DLC) debate 30 January 2023 · Commons
Question put on motion to consider the instrument 30 January 2023 · Commons
Motion to consider the instrument approved 30 January 2023 · Commons
Grand Committee debate 31 January 2023 · Lords
Question put on motion to consider the instrument 31 January 2023 · Lords
Motion to consider the instrument approved 31 January 2023 · Lords
Question on motion to approve the instrument put 31 January 2023 · Commons
Instrument approved 31 January 2023 · Commons
Question on motion to approve the instrument put 1 February 2023 · Lords
Instrument approved 1 February 2023 · Lords
Instrument remains law 1 February 2023
Procedure concluded in the House of Commons and the House of Lords 1 February 2023 · Commons, Lords
Approval period ends 3 February 2023

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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