UNITED KINGDOM STATUTORY INSTRUMENT
1987 No. 52
HEALTH AND SAFETY
The Health and Safety (Explosives and Petroleum Fees) (Modification) Regulations 1987
Made 22th January 1987
Laid before Parliament 30th January 1987
Coming into Force 20th February 1987
The Secretary of State, in exercise of the powers conferred on him by sections 15(1) and (3)(a), 43(2), (4), (5), (6) and (9), and 82(3)(a) of the Health and Safety at Work etc. Act 1974(“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carryi ng out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:—
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Health and Safety (Explosives and Petroleum Fees) (Modification) Regulations 1987 and shall come into force on 20th February 1987.
S-2
Modification and repeal of statutory provisionsModification and repeal of statutory provisions
2. The provisions specified in column 1 of Schedule 1 to these Regulations (which relate to fe es payable in respect of the matters described in the corresponding entry in column 2 of the Schedule) are hereby modified or repealed, as the case may be, to the extent specified in the corresponding entry in column 3 of that Schedule.
S-3
Prescribed fees and maximum feesPrescribed fees and maximum fees
3.—(1) Where any application in relation to a provision specified in column 1 of Part I of Schedule 2 to these Regulations 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 2 to these Regulations for a purpose described in the corresponding entry in column 2 of that Part shall be that specified in the corresponding entry in column 3 of that Part.
S-4
Date from which licence etc. takes effect to determine whether old or new fees applyDate from which licence etc. takes effect to determine whether old or new fees apply
4. Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928or section 1(4) of the Petroleum (Transfer of Licences) Act 1936the fees for petroleum licences substituted by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence taking effect on or after 20th February 1987, irrespective of the date of the application for that licence, transfer or renewal.
Revocations
5. The instruments specified in column 1 of Schedule 3 to these Regulations are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
Northern Ireland
6. These Regulations shall not apply to Northern Ireland.
David Trippier
Parliamentary Under Secretary of State
Department of Employment
22nd January 1987
SCHEDULE 1
Regulation 2
LEGISLATION MODIFIED OR REPEALED
(1) |
(2) |
(3) |
Statutory provisions modified or repealed |
Matter to which provision in column 1 relates |
Extent of modification or repeal |
Explosives Act 1875 c. 17. |
Section 15 (relevant amending instrument is S.I. 1985/1108) |
Grant of an explosives store licence |
For “£36”, substitute “that from time to time fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974”. |
Section 18 (relevant amending instrument is S.I. 1985/1108) |
Renewal of an explosives store licence |
For “£36”, substitute “that from time to time fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974”. |
Section 21 (relevant amending instrument is S.I. 1985/1108) |
Registration and renewal of registration of premises used for keeping of explosives |
In the first place where it occurs, for “£6” substitute “that from time to time fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974” and, in the second place where it occurs, for “£6” substitute “that from time to time fixed by or determined under those regulations.”. |
Section 26 (relevant amending instruments are S.I. 1974/1885 and S.I. 1983/1450) |
Fees for licences |
For “the maximum fee which such authority are authorised to fix” substitute “that from time to time fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974”. |
Petroleum (Consolidation) Act 1928 c. 32. |
Section 4 (relevant amending instrument is S.I. 1974/1942) |
Licence to keep petroleum-spirit |
For “shown in the scale set out in the First Schedule to this Act or such lower scale as the Secretary of State may, with the consent of the Treasury, prescribe by regulations” substitute “fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974”. |
Schedule 1 (relevant amending instrument is S.I. 1983/1640) |
Rate of fees payable in respect of licences to keep petroleum-spirit. |
Repeal the whole schedule. |
Petroleum (Transfer of Licences) Act 1936 c. 27. |
Section 1(4) (relevant amending instruments are S.I. 1974/1942 and S.I. 1983/1640) |
Transfer of petroleum-spirit licence |
For “a fee of £4” substitute “the fee from time to time fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974”. |
SCHEDULE 2
Regulation 3
FEE
PART 1
(1) |
(2) |
(3) |
Provision under which a licence is granted |
Purpose of application |
Fee |
Explosives Act 1875 c. 17. |
|
|
Section 6 (as applied to explosives other than gunpowder by sections 39 and 40) |
Factory licence |
£470; plus £26 additional fee for each building or other place in which explosives are to be made or kept. |
| |
Factory amending licence |
£85; plus £6 additional fee for each building or other place to be specified in the amending licence and in which explosives are to be made or kept. |
| |
Replacement of one of the above licences if lost |
£12.50. |
Section 12 (as applied to explosives other than gunpowder by se ctions 39 and 40) |
Magazine licence |
£345; plus £26 additional fee for each building or other place in which explosives are to be kept. |
| |
Magazine amending licence |
£31; plus £6 additional fee for each building or other place to be specified in the amending licence and in which explosives are to be kept. |
| |
Replacement of one of the above licences if lost |
£12.50. |
Section 40(9) |
Licence for importation of explosives |
£26.50. |
| |
Licence for importation of a consignment of explosives which are not to be distributed in Great Britain but imported for transhipment only |
£26.50. |
| |
Replacement of one of the above licences if lost |
£13. |
| |
The issue of a new licence replacing the original and incorporating an amendment |
£9. |
PART IIRegulation 3
FEE OR MAXIMUM FEE
(1) |
(2) |
(3) |
Provision under which a fee or maximum fee is payable |
Purpose of application |
Fee or Maximum fee |
Explosives Act 1875 c. 17. |
|
|
Section 15 (see note 1) |
A store licence |
£36. |
Section 18 (see note 1) |
Renewal of a store licence |
£36. |
Section 21 (see note 1) |
Registration and renewal of registration of premises for the keeping of explosives with a local authority |
£6. |
Petroleum (Consolidation) Act 1928 c. 32. |
Section 4 (see notes 2 and 3) |
Licence to keep petroleum spirit of a quantity |
| |
— not exceeding 2,500 litres |
£20 for each year of licence. |
| |
exceeding 2,500 litres, but not... |
