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S.I. No. 619/2010 - Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2010

Type Statutory Instrument
Publication 2010-12-28
Last updated 2011-07-08
State Repealed superseded text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 · 2011-07-08, S.I. No. 349/2011 - European Communities (Carriage of Dangerous Goods by Road and Use of …

Reform history JSON API

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th December, 2010.

I, BATT O’KEEFFE, Minister for Enterprise, Trade and Innovation, 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) as amended by European Communities ( Carriage of Dangerous Goods by Road Act 1998 ) (Amendment) Regulations 2010, (as adapted by the Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 185 of 2010 )) hereby make the following regulations—

Citation

1.

1.

These Regulations may be cited as the Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2010.

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) as amended by European Communities (Carriage of Dangerous Goods by Road Act 1998) (Amendment) Regulations 2010;

“authorised examiner” has the meaning assigned to it by Regulation 59 of 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 2010 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, the committee commonly known by that name established pursuant to section 10 (amended by section 46 of the Industrial Development (Enterprise Ireland) Act 1998 ) of the Industrial Development Act 1993 ;

“NSAI” means the National Standards Authority of Ireland;

“Principal Regulations” means the Carriage of Dangerous Goods by Road Regulations 2010.

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 owner of the vehicle 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 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 Act 1998 (Fees) Regulations 2007 ( S.I. No. 291 of 2007 ) are revoked.

GIVEN under my Official Seal,

21 December 2010.

BATT O’KEEFFE,

Minister for Enterprise, Trade and Innovation

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 Act 1998 (Fees) Regulations 2007 ( S.I. No. 291 of 2007 ).

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 2010.

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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