Health and Safety (Fees) Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/605 |
| Year | 1987 |
1987 No. 605
HEALTH AND SAFETY
The Health and Safety (Fees) Regulations 1987
Made 30th March 1987
Laid before Parliament 9th April 1987
Coming into force 29th April 1987
The Secretary of State, in exercise of the powers conferred on him by sections 43(2), (4), (5), (6) and (9) and 82(3)(a) of the Health and Safety at Work etc. Act 19741(“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, hereby makes the following Regulations:–
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–
(a) mines and quarries within the meaning of section 180 of the Mines and Quarries Act 19542;
(b) tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 19693,
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 19744or 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) a numbered Regulation or Schedule is a reference to the Regulation of, or Schedule to, these Regulations so numbered;
(b)
(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)
(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)
(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)
(a) of respiratory protective equipment–
(i) under the Factories Act 19615, or any regulations made or having effect as if made under that Act,
(ii) under the Control of Lead at Work Regulations 19806, and
(iii) under the Ionising Radiations Regulations 19857;
(b)
(b) of blasting helmets under the Factories Act 1961, or any regulations made or having effect as if made under that Act; and
(c)
(c) of automatic safe load indicators under the Construction (Lifting Operations) Regulations 19618, and the Shipbuilding and Ship-Repairing Regulations 19609.
(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)
(a) the Agriculture (Tractor Cabs) Regulations 197410; and
(b)
(b) the Poisonous Substances in Agriculture Regulations 198411.
(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 198412.
(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 198313.
(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)
(a) the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
(b)
(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)
(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...
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