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The Health and Safety (Fees) Regulations (Northern Ireland) 2007

Type Ni-Statutory-Rule

Publication 2007-02-06

Last updated 2008-03-10

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles Not indexed

Reform history JSON API

Made: 6th February 2007

Coming into operation: 2nd April 2007

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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 Control of Lead at Work Regulations (Northern Ireland) 2003

5

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Fees payable for various applications under the Control of Asbestos Regulations (Northern Ireland) 2007

6

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Fee payable on application for approval under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992

7

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Fees associated with notifications and applications under the Notification of New Substances Regulations (Northern Ireland) 1994

8

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Fees associated with notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001

9

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Fees payable in respect of offshore installations

10

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Fees payable in respect of gas safety functions

11

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Provisions supplementary to regulations 10 and 11

12

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Revocations

13

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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
Notes:	Notes:	Notes:
1. 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.	1. 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.	1. 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.
2. 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.	2. 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.	2. 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	Licence to keep petroleum-spirit of a quantity—
(see notes 1 and 2)	Licence to keep petroleum-spirit of a quantity—
	not exceeding 2,500 litres	£38 for each year of licence
	exceeding 2,500 litres but not exceeding 50,000 litres	£53 for each year of licence
	exceeding 50,000 litres	£108 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 1	Column 2	Column 3	Column 4	Column 5
Provision	Provision	Reference	Basic Fee	Fee for X-Rays	Fee for Laboratory tests
(a)	Regulation 10 of the Work in Compressed Air Regulations (Northern Ireland) 2004	S. R. 2004 No. 241	£64	£65	£38
(b)	Regulation 22 of the Control of Asbestos Regulations (Northern Ireland) 2007	S. R. 2007 No. 31	£64	£65	£38
(c)	Regulation 11 of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003	S.R. 2003 No. 34	£64	£65	£38
(d)	Regulation 24 of the Ionising Radiations Regulations (Northern Ireland) 2000	S.R. 2000 No. 375	£34 where surveillance is confined to examination of, and making entries in, records. £64 in other cases	£65	£38

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 1	Column 1	Column 2
Item	Item	Item	Fee
(a)	On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment)	On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment)	£64
(b)	On each subsequent assessment of an employee—	On each subsequent assessment of an employee—
	(i)	for laboratory tests where these are carried out	£38
	(ii)	for a clinical medical examination where this is carried out	£38

SCHEDULE 4 — FEES PAYABLE FOR VARIOUS APPLICATIONS UNDER THE CONTROL OF ASBESTOS REGULATIONS (NORTHERN IRELAND) 2007

Column 1	Column 2
Subject matter of licence	Fee
Licence for work with asbestos or renewal of (original) licence	£1,023
Column 1	Column 2
---	---
Fee for re-assessment of licence application	Fee for amendment of condition, or duration, of licence
£276	£276

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	£85

SCHEDULE 6 — FEES ASSOCIATED WITH NOTIFICATIONS AND APPLICATIONS UNDER THE NOTIFICATION OF NEW SUBSTANCES REGULATIONS (NORTHERN IRELAND) 1994

Column 1	Column 1	Column 1	Column 2
Subject matter	Subject matter	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	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	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	£4,987
For the evaluation of a notification under regulation 4 of a substance already notified—	For the evaluation of a notification under regulation 4 of a substance already notified—	For the evaluation of a notification under regulation 4 of a substance already notified—	£2,374
(i)	(i)	under that regulation,
(ii)	(ii)	regulation 4(1) of the 1985 Regulations, or
(iii)	(iii)	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	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	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
For the evaluation of information provided for the purposes of regulation 5(1)(a)	For the evaluation of information provided for the purposes of regulation 5(1)(a)	For the evaluation of information provided for the purposes of regulation 5(1)(a)	£2,619
(> 10 tonnes per year)	(> 10 tonnes per year)	(> 10 tonnes per year)	£2,619
For the evaluation of information provided for the purposes of regulation 5(1)(b)	For the evaluation of information provided for the purposes of regulation 5(1)(b)	For the evaluation of information provided for the purposes of regulation 5(1)(b)	£5,154
(>100 tonnes per year)	(>100 tonnes per year)	(>100 tonnes per year)	£5,154
For the evaluation of information provided for the purposes of regulation 5(1)(c)	For the evaluation of information provided for the purposes of regulation 5(1)(c)	For the evaluation of information provided for the purposes of regulation 5(1)(c)	£3,613
(>1000 tonnes per year)	(>1000 tonnes per year)	(>1000 tonnes per year)	£3,613
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—	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—	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))	quantity of the new substance equal to or more than 100 kg (regulation 6(1))	£1,614
(b)	quantity of the new substance equal to or more than 10kg but less than 100kg (regulation 6(2))	quantity of the new substance equal to or more than 10kg but less than 100kg (regulation 6(2))	£1,014
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	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	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	£1,614
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	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	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	£646
For an application made by a notifier for an exemption relating to him under regulation 23	For an application made by a notifier for an exemption relating to him under regulation 23	For an application made by a notifier for an exemption relating to him under regulation 23	£2,619
Column 1	Column 1	Column 2
---	---	---
Circumstances described	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”)	Where, in the opinion of the Executive, an adequate risk assessment has not been included with a notification under regulation 4 (“base set”)	£2,393 (plus VAT)
Where, in the opinion of the Executive, an adequate risk assessment has not been included with a notification under regulation 6—	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))	£578 (plus VAT)
(b)	quantity of the new substance equal to or more than 10kg but less than 100kg (regulation 6(2))	£578 (plus 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)	£465

(b) Notification of an activity involving genetic modification in class 2 under regulation 10(1)	£929

(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)	£929

(d) Notification of an activity involving genetic modification in class 3 under regulation 11(1)	£1,007

(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)	£1,007

(f) Notification of an activity involving genetic modification in class 4 under regulation 11(1)	£1,161

(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)	£1,161

(h) Notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1)	£929

(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)	£929

(j) Notification of additional information under regulation 15(3)	£696

(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)	£696

SCHEDULE 8 — FEES PAYABLE IN RESPECT OF OFFSHORE INSTALLATIONS

Column 1	Column 2
Function	Person by whom fee is payable
Assessing a design notification (sent to the Executive pursuant to regulation 6(1) or 9(1) of the 2007 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator or owner who sent the design notification to the Executive pursuant to that provision
Assessing a relocation notification (sent to the Executive pursuant to regulation 6(2) of the 2007 Regulations) for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator who sent the relocation notification to the Executive pursuant to that provision
Assessing a current safety case or a revision to a current safety case (sent to the Executive pursuant to any other provision of the 2007 Regulations) for the purpose of deciding whether to accept that current safety case or revision and accepting any such current safety case or revision	The operator or owner who sent the current safety case or revision to the Executive pursuant to that provision
Providing advice with respect to the preparation of a current safety case or a revision to a current safety case which is proposed to be sent to the Executive pursuant to any provision of the 2007 Regulations	The operator or owner who has requested that advice
Assessing whether to grant an exemption pursuant to regulation 23 of the 2007 Regulations and granting any such exemption	The operator or owner who has requested the exemption

SCHEDULE 9 — 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, the person intending to convey 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, the person intending to convey 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 10 — REVOCATIONS

Column 1	Column 2	Column 3
Title of Regulations	Reference	Extent of Revocation
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006	S.R. 2006 No. 173	Regulation 54 and Schedule 12

The Control of Asbestos Regulations (Northern Ireland) 2007	S.R. 2007 No. 31	Schedule 6, insofar as it amends the Health and Safety (Fees) Regulations (Northern Ireland) 2005

The Genetically Modified Organisms (Contained Use) (Amendment) Regulations (Northern Ireland) 2006	S.R. 2006 No. 524	Regulation 4

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 6th February 2007.

M. 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]: SeeArticle 2(2) of S.I. 1078/1039 (N.I. 9)

[^f00003]: 1972 c. 68: the enabling powers conferred by section 2(2) 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]: S.I. 1981/1536 for the designation in relation to the notification and control of substances and S.I. 1991/755 in relation to the control and regulation of genetically modified organisms

[^f00006]: Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

[^f00007]: Article 48(3) was amended by S.I. 1998/2795 (N.I. 18), Article 5(c)

[^f00008]: 1954 c. 33 (N.I.)

[^f00009]: 1929 c. 13 (N.I.); section 4 was amended by S.R. 1992 No. 396 and S.I. 1998/2795 (N.I. 18)

[^f00010]: 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)

[^f00011]: S.R. 2007 No. 31

[^f00012]: S.R. 2003 No. 35, amended by S.R. 2005 No. 165 and S.R. 2006 No. 173

[^f00013]: S.R. 1984 No. 205, amended by S.R. 1987 No. 430, S.R. 1988 No. 74, S.R. 1989 No. 310, S.R. 1991 No. 143, S.R. 1992 No. 34, S.R. 1994 No. 276, S.R. 1997 No. 234, S.R. 1998 No. 125, S.R. 1999 No. 150, S.R. 2000 No. 100 and S.R. 2003 No. 33; revoked by S.R. 2007 No. 31

[^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, to which the relevant amendment is S.R. 2003 No. 510, regulation 17 and Schedule 13

[^f00018]: S.R. 1993 No. 221, amended by S.R. 1995 No. 340, S.R. 1995 No. 345, S.R. 1996 No. 228, S.R. 1999 No. 150 and S.R. 2005 No. 45

[^f00019]: S.R. 1997 No. 195, amended by S.R. 1999 No. 150 and S.R. 2000 No. 388

[^f00020]: S.R. 2005 No. 150, amended by S.R. 2005 No. 376, S.R. 2005 No. 578 and S.R. 2006 No. 261; revoked in part by S.R. 2006 No. 261

[^f00021]: S.I. 1987 No. 2197

[^f00022]: S.R. 2005 No. 523, amended by S.R. 2006 No. 173, S.R. 2006 No. 524 and S.R. 2006 No. 525

Editorial notes

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