Health and Safety (Fees) Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/547

2003 No. 547

HEALTH AND SAFETY

Health and Safety (Fees) Regulations 2003

Made 6th March 2003

Laid before Parliament 11th March 2003

Coming into force 1st April 2003

The Secretary of State, being the designated1Minister for the purpose of section 2(2) of the European Communities Act 19722in relation to the notification and control of substances and the control and regulation of genetically modified organisms, in exercise of the powers conferred on him by the said section 2(2) and sections 43(2), (4), (5) and (6) and 82(3)(a) of the Health and Safety at Work etc. Act 19743(“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:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health and Safety (Fees) Regulations 2003 and shall come into force on 1st April 2003.

(2) In these Regulations—

“approval” 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 1974 Act;

“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to—

(a) mines within the meaning of section 180 of the Mines and Quarries Act 19544;

(b) tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 19995; and

(c) tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 19696;

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 Acts 1954 to 1971 (Repeals and Modifications) Regulations 19747or are health and safety regulations);

“original approval” does not include an amendment of an approval;

“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; and

“working days” does not include weekends or public holidays.

S-2 Fees payable under the mines and quarries provisions

Fees payable under the mines and quarries provisions

2.—(1) A fee shall be payable by the applicant to the 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) on application for such approval as is mentioned in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as the reasonable cost to the Executive of having the work carried out, the fee so costed shall be payable prior to the notification of the result of the application.

(3) Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result 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 as set out in Part III of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).

S-3 Fee for applications for approval of respiratory protective equipment

Fee for applications for approval of respiratory protective equipment

3.—(1) A fee shall be payable by the applicant to the Executive on each application for approval of respiratory protective equipment—

(a)

(a) under the Factories Act 19618, or any regulations made or having effect as if made under that Act;

(b)

(b) under the Control of Lead at Work Regulations 20029;

(c)

(c) under the Ionising Radiations Regulations 199910;

(d)

(d) under the Control of Asbestos at Work Regulations 200211; and

(e)

(e) under the Control of Substances Hazardous to Health Regulations 200212.

(2) The fee payable on application for approval of respiratory protective equipment shall be that specified in column 2 of Schedule 2 (that is to say the reasonable cost to the Executive of having the work, including any testing, carried out).

S-4 Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974

Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974

4.—(1) A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 197413.

(2) The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.

S-5 Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984

Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984

5.—(1) A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 198414.

(2) The fee payable on application for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.

S-6 Fees for various applications under the Asbestos (Licensing) Regulations 1983

Fees for various applications under the Asbestos (Licensing) Regulations 1983

6.—(1) A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 198315(“the 1983 Regulations”).

(2) The fee payable on application for a licence described in column 1 of Table 1 to Schedule 5 shall be that specified in column 2 of that Table.

(3) Where the Executive refuses to grant an applicant a licence under the 1983 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.

(4) The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 to Schedule 5.

(5) Where the Executive amends a licence granted under the 1983 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.

(6) The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 to Schedule 5.

(7) Where the Executive replaces a lost licence granted under the 1983 Regulations or the Executive amends a licence granted under the 1983 Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.

(8) The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 to Schedule 5.

S-7 Fees for examination or surveillance by an employment medical adviser

Fees for examination or surveillance by an employment medical adviser

7.—(1) A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance 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 or on each occasion when surveillance is carried out 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 Control of Asbestos at Work Regulations 200216, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).

S-8 Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002

Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002

8.—(1) A fee shall be payable to the 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 200217.

(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.

S-9 Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001

Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001

9.—(1) A fee shall be payable by the...

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