LegalizeHealth and Safety (Fees) Regulations (Northern Ireland) 2003
Made: 5th December 2003
Coming into operation: 19th January 2004
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Citation, commencement and interpretation
1
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Fees payable under the Petroleum (Consolidation) Act (Northern Ireland) 1929 and the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937
2
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Date from which fees are payable under the Petroleum (Consolidation) Act (Northern Ireland) 1929 and the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937
3
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Fees payable for medical examination or surveillance by an employment medical adviser
4
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Fees payable for medical surveillance by an employment medical adviser under the Ionising Radiations Regulations (Northern Ireland) 2000
5
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Fees payable for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations (Northern Ireland) 2003
6
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Fees payable for various applications under the Asbestos (Licensing) Regulations (Northern Ireland) 1984
7
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Fee payable on application for approval under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992
8
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Fees associated with notifications and applications under the Notification of New Substances Regulations (Northern Ireland) 1994
9
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Fees associated with notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001
10
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Fee payable for vocational training certificates under the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997
11
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Fee payable on application for approval under the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997
12
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Fee payable for a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations (Northern Ireland) 2000
13
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Fees payable in respect of offshore installations
14
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Fees payable in respect of gas safety functions
15
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Provisions supplementary to regulations 14 and 15
16
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Revocations
17
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SCHEDULE 1 — FEES RELATING TO APPLICATIONS FOR PETROLEUM-SPIRIT LICENCES
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision under which a fee is payable | Purpose of application | Fee |
| Note: In the case of a solid substance for which by virtue of an Order in Council or order made under section 19 of the Petroleum (Consolidation) Act (Northern Ireland) 1929 a licence is required, the fee payable under this Schedule shall be calculated as if one kilogram of the substance were equivalent to one litre. The fee payable for a licence of more or less than one year’s duration shall be the fee set out above increased or decreased, as the case may be, proportionately according to the duration of the period for which the licence is granted or renewed. | Note: In the case of a solid substance for which by virtue of an Order in Council or order made under section 19 of the Petroleum (Consolidation) Act (Northern Ireland) 1929 a licence is required, the fee payable under this Schedule shall be calculated as if one kilogram of the substance were equivalent to one litre. The fee payable for a licence of more or less than one year’s duration shall be the fee set out above increased or decreased, as the case may be, proportionately according to the duration of the period for which the licence is granted or renewed. | Note: In the case of a solid substance for which by virtue of an Order in Council or order made under section 19 of the Petroleum (Consolidation) Act (Northern Ireland) 1929 a licence is required, the fee payable under this Schedule shall be calculated as if one kilogram of the substance were equivalent to one litre. The fee payable for a licence of more or less than one year’s duration shall be the fee set out above increased or decreased, as the case may be, proportionately according to the duration of the period for which the licence is granted or renewed. |
| Petroleum (Consolidation) Act 1929 c. 13 (N.I.) | ||
| Section 4 (see notes 1 and 2) | Licence to keep petroleum spirit of a quantity – | |
| not exceeding 2,500 litres | £35 for each year of licence | |
| exceeding 2,500 litres but not exceeding 50,000 litres | £50 for each year of licence | |
| exceeding 50,000 litres | £99 for each year of licence | |
| Petroleum (Transfer of Licences) Act 1937 c. 4 (N.I.) | ||
| Section 1(4) | Transfer of petroleum-spirit licence | £8 |
SCHEDULE 2 — FEES PAYABLE FOR MEDICAL EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Provision | Reference | Basic Fee | Additional fees where appropriate Fee for X-Rays | Fee for Laboratory tests |
| a Regulation 14 of the Work in Compressed Air Special Regulations (Northern Ireland) 1963 | S. R. & O. (N.I.) 1963 No. 85 (relevant amending Regulations are S.R. 1979 No. 187) | £58 | £59 | £35 |
| b Regulation 21 of the Control of Asbestos at Work Regulations (Northern Ireland) 2003 | S. R. 2003 No. 33 | £58 | £59 | £35 |
| c Regulation 11 of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 | S.R. 2003 No. 34 | £58 | £59 | £35 |
SCHEDULE 3 — FEES PAYABLE FOR MEDICAL SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER UNDER THE CONTROL OF LEAD AT WORK REGULATIONS (NORTHERN IRELAND) 2003
| Column 1 | Column 2 |
|---|---|
| Item | Fee |
| a On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment) | £58 |
| b On each subsequent assessment of an employee – | |
| i for laboratory tests where these are carried out | £35 |
| ii for a clinical medical examination where this is carried out | £35 |
SCHEDULE 4 — FEES PAYABLE FOR VARIOUS APPLICATIONS UNDER THE ASBESTOS (LICENSING) REGULATIONS (NORTHERN IRELAND) 1984
| Column 1 | Column 2 |
|---|---|
| Subject matter of licence | Fee |
| Licence for work with asbestos insulation or asbestos coating or asbestos insulating board or renewal of (original) licence | £886 |
| Column 1 | Column 2 |
| --- | --- |
| Fee for re-assessment of licence application | Fee for amendment of condition, or duration, of licence |
| £245 | £245 |
SCHEDULE 5 — FEE PAYABLE ON APPLICATION FOR APPROVAL UNDER THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS (NORTHERN IRELAND) 1992
| Column 1 | Column 2 |
|---|---|
| Subject matter of approval | Fee |
| Approval of scheme or programme for examination of freight containers | £79 |
SCHEDULE 6 — FEES ASSOCIATED WITH NOTIFICATIONS AND APPLICATIONS UNDER THE NOTIFICATION OF NEW SUBSTANCES REGULATIONS (NORTHERN IRELAND) 1994
| Column 1 | Column 2 |
|---|---|
| Subject matter | Fee payable |
| For the evaluation of a notification under regulation 4 (“base set”) of a substance not already notified under the 1994 Regulations or to a competent authority of a member State for the purposes of the Directive | £4,745 |
| For the evaluation of a notification under regulation 4 of a substance already notified – under that regulation, regulation 4(1) of the 1985 Regulations, or to a competent authority of a member State, other than the competent authority for Northern Ireland, for the purposes of either Article 6(1) of the predecessor Directive or Article 7 of the Directive, and either regulation 11 of the 1994 Regulations applies or the agreement of the competent authority for Northern Ireland has been obtained pursuant to regulation 13(1) of the 1994 Regulations. | £2,255 |
| For the evaluation of information provided for the purposes of regulation 5(1)(a) (>10 tonnes per year) | £2,490 |
| For the evaluation of information provided for the purposes of regulation 5(1)(b) (>100 tonnes per year) | £4,900 |
| For the evaluation of information provided for the purposes of regulation 5(1)(c) (>1000 tonnes per year) | £3,435 |
| For the evaluation of a notification under regulation 6, subject to the entry below relating to an evaluation of a notification in respect of an RTP polymer – | |
| a quantity of the new substance equal to or more than 100 kg (regulation 6(1)) | £1,122 |
| b quantity of the new substance equal to or more than 10kg but less than 100kg (regulation 6(2)) | £708 |
| For the evaluation of a notification (whether made under regulation 6(1) or 6(2), as the case may be), in respect of an RTP polymer of an amount equal to or more than 10kg per annum but less than one tonne per annum or the total amount is equal to or more than 500kg but less than 5 tonnes | £1,122 |
| For the evaluation of information provided under regulation 6(4)(d)(i) in respect of a substance for the purpose of process-orientated research and development | £615 |
| For an application made by a notifier for an exemption relating to him under regulation 23 | £2,490 |
| Column 1 | Column 2 |
| --- | --- |
| Circumstances described | Fee payable |
| Where, in the opinion of the Executive, an adequate risk assessment has not been included with a notification under regulation 4 (“base set”) | £2,280 (plus £399 VAT) |
| Where, in the opinion of the Executive, an adequate risk assessment has not been included with a notification under regulation 6 – | |
| a quantity of the new substance equal to or more than 100kg (regulation 6(1)) | £550 (plus £96·25 VAT) |
| b quantity of the new substance equal to or more than 10kg but less than 100kg (regulation 6(2)) | £550 (plus £96·25 VAT) |
SCHEDULE 7 — FEES ASSOCIATED WITH NOTIFICATIONS AND APPLICATIONS UNDER THE GENETICALLY MODIFIED ORGANISMS (CONTAINED USE) REGULATIONS (NORTHERN IRELAND) 2001
| Column 1 | Column 2 |
|---|---|
| Description | Fee |
| a Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) | £288 |
| b Notification of an activity involving genetic modification in class 2 under regulation 10(1), except a notification to which paragraph 4(1) or paragraph 5(1) of Schedule 10 applies | £576 |
| c Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 2 under regulation 10(1) | £576 |
| d Notification of an activity involving genetic modification in class 3 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies | £624 |
| e Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 3 under regulation 11(1) | £624 |
| f Notification of an activity involving genetic modification in class 4 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies | £720 |
| g Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification in class 4 under regulation 11(1) | £720 |
| h Notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1) | £576 |
| i Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) at the same time as notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1) | £576 |
| j Notification of additional information under regulation 15(3) | £432 |
| k Application for the written agreement of the competent authority under regulation 18(2) where the application is made after a notification has been submitted pursuant to regulation 9(1), 10(1), 11(1) or 12(1) | £432 |
SCHEDULE 8 — FEE PAYABLE FOR VOCATIONAL TRAINING CERTIFICATES UNDER THE CARRIAGE OF DANGEROUS GOODS BY ROAD (DRIVER TRAINING) REGULATIONS (NORTHERN IRELAND) 1997
| Column 1 | Column 2 |
|---|---|
| Description | Fee |
| Issue or extension of vocational training certificate | £3 |
SCHEDULE 9 — FEE PAYABLE ON APPLICATION FOR APPROVAL OF TRAINING OR REFRESHER COURSES UNDER THE CARRIAGE OF DANGEROUS GOODS BY ROAD (DRIVER TRAINING) REGULATIONS (NORTHERN IRELAND) 1997
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Purpose of application | Fee for an original approval | Fee for renewal approval |
| a For approval of training | the reasonable cost to the Secretary of State of having the work carried out | the reasonable cost to the Secretary of State of having the work carried out |
| b For approval of a refresher course | the reasonable cost to the Secretary of State of having the work carried out | the reasonable cost to the Secretary of State of having the work carried out |
SCHEDULE 10 — FEE PAYABLE FOR VOCATIONAL TRAINING CERTIFICATE UNDER THE TRANSPORT OF DANGEROUS GOODS (SAFETY ADVISERS) REGULATIONS (NORTHERN IRELAND) 2000
| Column 1 | Column 2 |
|---|---|
| Description | Fee |
| Issue or extension of vocational training certificate | the reasonable cost to the Secretary of State, or the person designated by him for the purpose of issuing vocational training certificates, of having the work carried out |
SCHEDULE 11 — FEES PAYABLE IN RESPECT OF OFFSHORE INSTALLATIONS
| Column 1 | Column 2 |
|---|---|
| Function | Person by whom fee is payable |
| Assessing a safety case (sent to the Executive pursuant to regulation 3(1) of the 1993 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters | The operator who sent the safety case to the Executive pursuant to that provision |
| Assessing a safety case or a revision to a safety case (sent to the Executive pursuant to any other provision of the 1993 Regulations) for the purpose of deciding whether to accept that safety case or revision and accepting any such safety case or revision | The operator or owner who sent the safety case or revision to the Executive pursuant to that provision |
| Providing advice with respect to the preparation of a safety case or revision to a safety case which is proposed to be sent to the Executive pursuant to any provision of the 1993 Regulations | The operator or owner who has requested that advice |
| Assessing whether to grant an exemption pursuant to regulation 16 of the 1993 Regulations and granting any such exemption | The operator or owner who has requested the exemption |
SCHEDULE 12 — FEES PAYABLE IN RESPECT OF GAS SAFETY FUNCTIONS
| Column 1 | Column 2 |
|---|---|
| Function | Person by whom fee is payable |
| Assessing a safety case or a revision of a safety case (sent to the Executive pursuant to any provision of the 1997 Regulations) for the purpose of deciding whether to accept that safety case or revision, and accepting any such safety case or revision | The person conveying gas or the network emergency co-ordinator who has prepared the safety case or revision pursuant to that provision |
| Providing advice with respect to the preparation of a safety case or revision to a safety case which is proposed to be sent to the Executive pursuant to any provision of the 1997 Regulations | The person conveying gas or the network co-ordinator who has requested that advice |
| Assessing whether to grant an exemption pursuant to regulation 11 of the 1997 Regulations | The operator or owner who has requested the exemption |
SCHEDULE 13 — REVOCATIONS
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Title of Regulations | Reference | Extent of Revocation |
| Transport of Dangerous Goods (Safety Advisers) Regulations (Northern Ireland) 2000 | S.R. 2000 No. 119 | Regulation 13 and Schedule 5 |
| Ionising Radiations Regulations (Northern Ireland) 2000 | S.R. 2000 No. 375 | Regulation 41(1) to the extent that it modifies S.R. 1998 No. 125 |
| Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001 | S.R. 2001 No. 295 | Regulations 27 and 31(4) and Schedule 9 |
| Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2002 | S.R. 2002 No. 34 | Regulation 6 and Schedule 5 |
Signed
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 5th December 2003.
Michael J. Bohill — A senior officer of the — Department of Enterprise, Trade and Investment
Explanatory note
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Footnotes
[^f00001]: Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services, see S.I. 1982/846 (N.I. 11), Article 3
[^f00002]: S.I. 1981/1536 for the designation in relation to control of substances and S.I. 1991/755 in relation to the control and regulation of genetically modified organisms
[^f00003]: 1972 c. 68: the enabling powers conferred by section 2(3) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51)
[^f00004]: S.I. 1978/1039 (N.I. 9)
[^f00005]: See Article 2(2) of S.I. 1978/1039 (N.I. 9)
[^f00006]: Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4
[^f00007]: 1954 c. 33 (N.I.)
[^f00008]: 1929 c. 13 (N.I.); section 4 was amended by S.R. 1992 No. 396 and S.I. 1998/2795 (N.I. 18)
[^f00009]: 1937 c. 4 (N.I.) (1 Edw. 8 & 1 Geo. 6); section 1(4) was amended by S.R. 1992 No. 396 and S.I. 1998/2795 (N.I. 18)
[^f00010]: S.R. 2003 No. 33
[^f00011]: S.R. 2000 No. 375
[^f00012]: S.R. 2003 No. 35
[^f00013]: S.R. 1984 No. 205, to which the relevant amendment is S.R. 1998 No. 125, regulation 12 and Schedule 9
[^f00014]: S.R. 1992 No. 2, to which the relevant amendment is S.R. 1998 No. 125, regulation 12 and Schedule 9
[^f00015]: S.R. 1994 No. 6, to which the relevant amendment is S.R. 1998 No. 125, regulation 9 and Schedule 6
[^f00016]: S.R. 1985 No. 63, revoked by S.R. 1994 No. 6
[^f00017]: S.R. 2001 No. 295
[^f00018]: S.R. 1997 No. 249
[^f00019]: S.R. 2000 No. 119
[^f00020]: S.R. 1993 No. 221, amended by S.R. 1995 No. 340, S.R. 1995 No. 345, S.R. 1996 No. 228 and S.R. 1999 No. 150
[^f00021]: S.R. 1997 No. 195
[^f00022]: S.R. 1996 No. 173
[^f00023]: S.I. 1987 No. 2197
[^f00024]: S.R. 1998 No. 125
Editorial notes
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