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S.I. No. 408/2006 - Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2006

Type Statutory Instrument
Publication 2006-07-31
Last updated 2007-06-19
State Repealed superseded text
Text As published
Source Irish Statute Book
articles 13

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 2007-06-19, S.I. No. 291/2007 - Carriage of Dangerous Goods By Road Act 1998 (Fees) Regulations 2007

Reform history JSON API

REGULATIONS

entitled

Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2006

S.I. No. 408 of 2006

I, Micheál Martin, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 5 of the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998), hereby make the following Regulations:

Citation

1.

1.

These Regulations may be cited as the Carriage of Dangerous Goods by Road (Fees) Regulations 2006.

Interpretation

2.

2.

In these Regulations -

“accreditation” means accreditation in accordance with ISEN 45004;

“accreditation body” means an accreditation body referred to in Regulation 3(2)(b) of the Principal Regulations;

“Act” means the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998);

“authorised examiner” has the meaning assigned to it by Regulation 59 the Principal Regulations;

“Authority” means the Health and Safety Authority;

“competent authority” means one or more than one of the persons or bodies appointed by the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities Order 2006 to perform one or more than one of the functions relating to the Principal Regulations conferred on the person or body pursuant to that Order;

“Forfás” means the body of that name established by the Industrial Development Act 1993 (No. 19 of 1993);

“inspection body” means an inspection body referred to in Regulation 3(2)(a) of the Principal Regulations;

“ISEN” means Irish Standard Specification 45004: 1995 entitled “General criteria for the operation of various types of bodies performing inspection” published by the NSAI;

“MEGC” means a “Multiple-element gas container”;

“INAB” means the Irish National Accreditation Board being the Committee of that name established by resolution of the Board of Forfás pursuant to section 10 of the Industrial Development Act 1993 as amended by section 46 of the Industrial Development (Enterprise Ireland) Act 1998 (No. 34 of 1998);

“NSAI” means the National Standards Authority of Ireland;

“Principal Regulations” means the Carriage of Dangerous Goods by Road Regulations 2006.

Prescription of persons by whom fees are payable

3.

3.

Persons referred to in Regulation 4, 6, 7, 8, or 9 as being persons by whom fees are to be paid in respect of the performance by a competent authority of a function referred to in the Regulation concerned, are prescribed as the persons by whom the fees referred to in the relevant Regulation in respect of the performance of the function concerned are to be paid for the purpose of section 5 of the Act.

Fees payable in respect of services provided

4.

4.

(1) A competent authority, or an authorised examiner or an accreditation body engaged for the purpose of the Act by a competent authority as the case may be, may charge and is entitled to be paid for the performance by it of a function conferred on it by or under the Act, by the person who requests the performance of that function, a fee (which shall include all costs incurred by the competent authority, authorised examiner or accreditation body, as the case may be, in the performance of that function including administrative costs).

Fees payable - INAB

5.

5.

(1) The fees charged by the INAB, in relation to the accreditation of a body as an inspection body for the purposes of Regulation 3(2)(b)of the Principal Regulations, shall be so charged in accordance with the INAB Schedule of Fees which is published annually.

Fees payable in connection with vehicle annual technical inspection

6.

6.

An authorised examiner engaged for the purposes of the Act and the Principal Regulations by a competent authority may charge and is entitled to be paid for the performance by it of a function conferred on it under the Act, by the carrier who requests the performance of that function, a fee (which shall include all costs incurred by the authorised examiner in the performance of the function including administrative costs) as follows:

Fees payable by training provider

7.

7.

A competent authority may charge and is entitled to be paid for the performance by it of a function conferred on it under the Act, by the training provider who requested the performance of the function, a fee (which shall include all costs incurred by the competent authority in the performance of the function including administrative costs) as follows:

Fees payable by examination candidates

8.

8.

A competent authority or the Minister, as the case may be may charge and is entitled to be paid for the performance by the competent authority or the Minister, as the case may be of a function conferred on it or the Minister under the Act, by the examination candidate who requests the performance of the function, a fee (which shall include all costs incurred by the competent authority or the Minister as the case may be in the performance of the function including administrative costs) as follows:

Fees payable in connection with the recognition and approval

9.

9.

The NSAI may charge and is entitled to be paid for the performance by it of a function conferred on it under the Act, by the person who requests the performance of that function, a fee (which shall include all costs incurred by the NSAI in the performance of the function including administrative costs) as follows:

Fees payable in connection with tank, tank container and receptacle type approval and testing

10.

10.

The NSAI may charge and is entitled to be paid for the performance by it of a function conferred on it under the Act, by the person who requests the performance of that function, a fee (which shall include all costs incurred by the NSAI in the performance of the function including administrative costs) as follows:

Fees - NSAI

11.

11.

The fees referred to in Regulations 9 and 10 shall be paid by a person referred to in those Regulations as the person who requests the performance of a function by NSAI, not later than 30 days from the day on which the NSAI furnishes an invoice to the person in respect of the performance of the function concerned.

Miscellaneous

12.

12.

(1) Fees received by the Minister or the Minister for Justice, Equality and Law Reform under these Regulations shall be paid into the Exchequer in accordance with the directions of the Minister for Finance.

Revocations

13.

13.

The Carriage of Dangerous Goods by Road (Fees and Section 18 Payments Regulations 2005 ( S.I. No. 25 of 2005 ) and the Carriage of Dangerous Goods by Road (Fees and Section 18 Payments)(Amendment) Regulations 2005 ( S.I. No. 283 of 2005 ) are revoked.
GIVEN under my Official Seal, 31^st July 2006. GIVEN under my Official Seal, 31^st July 2006.
L.S. MICHEAL MARTIN
Minister for Enterprise, Trade and Employment Minister for Enterprise, Trade and Employment

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are complementary to the -

The Regulations revoke and replace the Carriage of Dangerous Goods by Road (Fees and Section 18 Payments) Regulations 2005 ( S.I. No. 25 of 2005 ) and the Carriage of Dangerous Goods by Road (Fees and Section 18 Payments)(Amendment) Regulations 2005 ( S.I. No. 283 of 2005 ).

The Regulations specify the fees that may be charged by a competent authority, authorised examiner or accreditation body under the Carriage of Dangerous Goods by Road Regulations 2006.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

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