The Health and Safety (Fees) Regulations 1991

Type Statutory-Instrument
Publication 1991-08-27
State In force
Department Queen's Printer of Acts of Parliament
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articles Not indexed
Reform history JSON API

Made: 27th August 1991

Laid before Parliament: 6th September 1991

Coming into force

The Secretary of State, in exercise of the powers conferred on him by sections 43(2), (4), (5), (6) and (9) and 82(3)(a) of the Health and Safety at Work etc. Act 1974[^f00001] (“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:—

Citation, commencement and interpretation

1

Fees payable under the mines and quarries provisions

2

Fees payable in respect of approval of respiratory protective equipment and automatic safe load indicators

3

Fees payable under the Agriculture (Tractor Cabs) Regulations 1974

4

Fee payable under the Freight Containers (Safety Convention) Regulations 1984

5

Fees payable for a licence under the Asbestos (Licensing) Regulations 1983

6

Fees payable for examination or surveillance by an employment medical adviser

7

Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980

8

Fees for approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985

9

Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936

10

Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936

11

Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928[^f00018] or section 1(4) of the Petroleum (Transfer of Licences) Act 1936[^f00019] the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after3rd January 1992 irrespective of the date of the application for that licence, transfer or renewal.

Fees for testing in connection with application under the Classification and Labelling of Explosives Regulations 1983

12

Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987

13

Calculation of hours worked

14

In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 3(2), 10(4), 12(2) or 13(2) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).

Revocations

15

The Health and Safety (Fees) Regulations 1990 are hereby revoked.

Northern Ireland

16

These Regulations shall not apply to Northern Ireland.

SCHEDULE 1

PART I — APPROVAL OF PLANT, APPARATUS OR SUBSTANCE UNDER THE MINESAND QUARRIES PROVISIONS

1 2 3 4
Subject matter of approval Fee for an original approval Fee for amendment of approval Fee for renewal of approval
a Approval of breathing apparatus £965 £483 £55
b Approval of dust respirators £85 £85 £55
c Approval of explosives £184 £127 £55
d Approval of locomotive or other vehicle £1,940 £507 £55
e Approval of electrical equipment for use in potentially gassy zones £605 £396 £55
f Approval of methanometers £291 £187 £55
g Approval of electric safety lamps £291 £187 £55
h Approval of other types of apparatus essential for safety £148 £148 £55

PART II — FEES FOR TESTING EXPLOSIVES AND DETONATORS UNDER THE MINES AND QUARRIES PROVISIONS

1 2
Test Fees for test
a Ballistic pendulum shot £41
b Break test shot £51
c Deflagration shot £35
d Detonator test (per 100 shots) £380
e Detonator delay time test (per 100 shots) £232
f Gallery shot £82
g Mortar shot £39
h Velocity of detonation test (per 3 shots) £72

PART III — FEES FOR OTHER TESTING

The fee for any testing not fixed by Part II of this Schedule shall be £57 for each man-hour of work done in the testing, excluding any typing, messenger or other ancillary work (for which no further charge shall be payable).

SCHEDULE 2

PART I — APPROVALS OF RESPIRATORY PROTECTIVE EQUIPMENT AND AUTOMATIC SAFE LOAD INDICATORS

1 2
Subject matter of approval Fee
a Approval of respiratory protective equipment £85
b Approval of automatic safe load indicators £27 per hour worked

PART II — FEES FOR TESTING RESPIRATORY PROTECTIVE EQUIPMENT

1 2
Item of Equipment Fee
Respiratory protective equipment £57 per hour worked

SCHEDULE 3 — APPROVALS UNDER THE AGRICULTURE (TRACTOR CABS) REGULATIONS 1974

1 2
Subject matter of approval Fee
a Original approval of tractor cab £203
b Revision of an existing approval of a tractor cab £99

SCHEDULE 4 — APPROVAL UNDER THE FREIGHT CONTAINERS (SAFETY CONVENTION) REGULATIONS 1984

1 2
Subject matter of approval Fee
Approval of scheme or programme for examination of freight containers £75

SCHEDULE 5 — LICENCE UNDER THE ASBESTOS (LICENSING) REGULATIONS 1983

1 2
Subject matter of licence Fee
Licence for work with asbestos insulation or asbestos coating or renewal of original licence £450

SCHEDULE 6 — FEES FOR EXAMINATION OR SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER

Provision Reference Basic Fee Additional fees where appropriate Additional fees where appropriate
Fee for X-Rays Fee for Laboratory tests
1 2 3 4 5
a The Work in Compressed Air Special Regulations 1958 S.I. 1958/61 (relevant amending instrument is S.I. 1973/36) £40 £34 £19.50
b The Ionising Radiation Regulations 1985 S.I. 1985/1333 £16 where surveillance is confined to examination of, and making entries in records. £39 in other cases £34 £19.50
c The Control of Asbestos at Work Regulations 1987 S.I. 1987/2115 £43 £31 £17.50
d The Control of Substances Hazardous to Health Regulations 1988 S.I. 1988/1657 £40 £34 £19.50

SCHEDULE 7 — FEES FOR MEDICAL SURVEILLANCE BY AN EMPLOYMENT MEDICAL ADVISER UNDER THE CONTROL OF LEAD AT WORK REGULATIONS 1980

1 2
Item Fee
a On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment) £37.50
b On each subsequent assessment of an employee— i for laboratory tests where these are carried out £37.50
ii for a clinical medical examination where this is carried out £17.00

SCHEDULE 8 — FEES FOR APPROVAL OF DOSIMETRY SERVICES AND FOR TYPE APPROVAL OF RADIATION GENERATORS OR APPARATUS CONTAINING RADIOACTIVE SUBSTANCES UNDER THE IONISING RADIATIONS REGULATIONS 1985

1 2
Description Fee for approval or type approval
Approval of Dosimetry Services granted under regulation 15 of the Ionising Radiations Regulations 1985
Group I
Dose record keeping
Where the application is solely in respect of Group I functions £420
b Where the application for Group I functions is linked to an application for approval in another group £179
Group II
External dosimetry
Whole body (beta, gamma, thermal neutrons) film £418 for one sub-group and £211 for each additional sub-group
b Whole body (beta, gamma, thermal neutrons) thermo-luminescent dosimeter (TLD)
c Whole body (neutron), other than sub-groups (a) or (b)
d Whole body, other than sub-groups (a), (b) or) (c)
e Extremity monitoring
f Accident dosimetry, other than in the previous sub-groups
Group III
Internal Dosimetry
a Bio-assay, in vivo monitoring or air sampling £430
b Any two or all three of the above techniques £607
Type approval of a radiation generator or an apparatus containing a radioactive substance under sub-paragraph (f) or (g) respectively of Schedule 3 to the Ionising Radiations Regulations 1985 (which excepts such type approved radiation generators or apparatus containing radioactive substances from the notification requirements of regulation 5 of those Regulations) £86

SCHEDULE 9 — FEES PAYABLE UNDER THE EXPLOSIVES ACT 1875 AND INSTRUMENTS MADE THEREUNDER, UNDER THE PETROLEUM (CONSOLIDATION) ACT 1928 AND THE PETROLEUM (TRANSFER OF LICENCES) ACT 1936

PART I — APPLICATIONS FOR FACTORY LICENCES, MAGAZINE LICENCES AND IMPORTATION LICENCES AND AMENDING LICENCES UNDER SECTIONS 6, 12 AND 40(9) OF THE EXPLOSIVES ACT AND REPLACEMENT OF SUCH LICENCES

1 2 3
Provision under which a licence is granted Purpose of Application Fee
Explosives Act 1875 c. 17
Section 6 (as applied to explosives other than gunpowder by sections 39 and 40) Factory licence £826 plus £44 additional fee for each building or other place in which explosives are to be made or kept
Magazine licence £641 plus £44 additional fee for each building or other place in which explosives are to be kept
Replacement of one of the above licences if lost £21
Section 12 (as applied to explosives other than gunpowder by sections 39 and 40) Factory amending licence £306 plus £11 additional fee for each building or other place to be specified in the amending licence and in which explosives are to be made or kept
Magazine amending licence £52 plus £11 additional fee for each building or other place to be specified in the amending licence and in which explosives are to be kept
Replacement of one of the above licences if lost £21
Section 40(9) Licence for importation of explosives £45
Replacement of the above licence if lost £21
Amendment to an existing licence £16
Section 40(9) as applied to compressed acetylene by the Compressed Acetylene (Importation) Regulations 1978[^f00022] Licence for importation of compressed acetylene £45
Replacement of the above licence if lost £21
Amendment to an existing licence £16

PART II — FEE OR MAXIMUM FEE PAYABLE IN RESPECT OF GRANTING AND RENEWAL OF AN EXPLOSIVES STORE LICENCE, THE REGISTRATION OR RENEWAL OF REGISTRATION OF PREMISES USED FOR KEEPING EXPLOSIVES AND THE GRANTING AND TRANSFER OF PETROLEUM-SPIRIT LICENCES

1 2 3
Provision under which a fee or maximum fee is payable Purpose of application Fee or maximum fee
Note: Part 1 of the Explosives Act 1875 (which includes sections 15, 18 and 21) is applied to explosives other than gunpowder by sections 39 and 40 of that Act. In the case of a solid substance for which by virtue of an Order in Council made under section 19 of the Petroleum (Consolidation) Act 1928 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.
Explosives Act 1875 c. 17
Section 15 (see note 1) A store licence £55
Section 18 (see note 1) Renewal of a store licence £55
Section 21 (see note 1) Registration and renewal of registration of premises for the keeping of explosives with a local authority £9.50
Petroleum (Consolidation) Act 1928 c. 32
Section 4 (see notes 2 and 3) Licence to keep petroleum spirit of a quantity— not exceeding 2,500 litres £26.50 for each year of licence
exceeding 2,500 litres but not exceeding 50,000 litres £39 for each year of licence
exceeding 50,000 litres £77 for each year of licence
Petroleum (Transfer of Licences) Act 1936 c. 27
Section 1(4) Transfer of petroleum spirit licence £7

PART III — APPLICATIONS UNDER PARAGRAPH (1) OF THE PROVISO TO ORDER IN COUNCIL (NO.30) OF 2ND FEBRUARY 1937 FOR APPROVALS OF PREMISES AND APPARATUS IN WHICH ACETYLENE IS TO BE MANUFACTURED OR KEPT

1 2
Purpose of application Fee
a Original approval of premises in which acetylene is to be manufactured or kept £444
b Amendment of an approval of premises in which acetylene is to be manufactured or kept £196
c Approval of apparatus in which acetylene is to be manufactured or kept £24

PART IV — APPLICATIONS FOR COMPARISONS AND APPROVALS IN RESPECT OF CONDITIONS (1) AND (8) IN THE ORDER OF THE SECRETARY OF STATE (NO.9) OF 23RD JUNE 1919.

1 2
Purpose of application Fee
a Comparison of a porous substance with a sample porous substance £24
b Original approval of premises in which acetylene is compressed £444
c Amendment of an approval of premises in which acetylene is compressed £30

PART V — MISCELLANEOUS APPLICATIONS

1 2
Purpose of application Fee
a Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983, or authorisation of an explosive to be manufactured or to be imported, with or without a licence £126
b Grant of an original special packing authority under Rule 12 of the Packing of Explosive for Conveyance Rules 1949[^f00025] £217
c Amendment to a special packing authority as above £32
d Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967[^f00026] £139

PART VI — FURTHER FEES PAYABLE IN RESPECT OF CERTAIN TESTING REQUIRED BY THE HEALTH AND SAFETY EXECUTIVE

1 2
Purpose of application Fee
a Application for a licence to be granted under or in pursuance of section 40(9) of the Explosives Act 1875[^f00027] for the importation of explosives which are not at the time of application authorised to be manufactured for general sale or imported for general sale £57 per hour worked
b Approval of apparatus in which acetylene is to be manufactured or kept (Part III above) £57 per hour worked
c Comparison of a porous substance with a sample porous substance (Part IV above) £57 per hour worked
d Authorisation of an explosive to be manufactured for general sale or to be imported for general sale, with or without a licence (Part V above) £57 per hour worked
e Application for a licence to manufacture explosive in pursuance of the Ammonium Nitrate Mixtures Exemption Order 1967 (Part V above) £57 per hour worked

SCHEDULE 10 — FEES FOR TESTING IN CONNECTION WITH APPLICATION UNDER THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983

1 2
Purpose of Application Fee
Classification of an article, substance, combination or unit load £57 per hour worked

SCHEDULE 11 — FEES FOR WORK IN CONNECTION WITH APPLICATIONS UNDER PART IX OF THE DANGEROUS SUBSTANCES IN HARBOUR AREA REGULATIONS 1987

1 2
Purpose of Application Fee
Grant of an explosives licence or alteration of the terms of an existing explosives licence £251 plus £43 per hour worked

Signed

Signed by order of the Secretary of State.

Eric Forth — Parliamentary Under Secretary of State, — Department of Employment — 27th August 1991

Explanatory note

(This note is not part of the Regulations)

1 These Regulations update and replace the Health and Safety (Fees) Regulations 1990. They fix or determine the fees payable by an applicant to the Health and Safety Executive in respect of an application made for— a an approval under mines and quarries legislation (regulation 2 and Schedule 1); b an approval of certain respiratory protective equipment, and of automatic safe load indicators (regulation 3 and Schedule 2); c an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 4 and Schedule 3); d an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 5 and Schedule 4); e a licence under the Asbestos (Licensing) Regulations 1983 (regulation 6 and Schedule 5); f an approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985 (regulation 9 and Schedule 8); g an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments thereunder and for a licence under the Petroleum (Consolidation) Act 1928 (regulation 10 and Schedule 9); h the classification of an article, substance, combination, or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 12 and Schedule 10); i an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 13 and Schedule 11).

2 The Regulations also fix the fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 7 and 8 and Schedules 6 and 7).

3 The Regulations fix maximum fees which may be charged under the Explosives Act 1875, the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 (regulation 10(2) and Schedule 9, Part II).

4 The new fees compared with those fixed by or determined under the previous Regulations are as follows: Provision of these Regulations which fixes or determines the feePrevious FeeNew FeeOriginal approvalAmendment of approvalRenewal of approvalOriginal approvalAmendment of approvalRenewal of approval Schedule 1Part IApproval of breathing apparatus£761£406£45£965£483£55Approval of dust respirators£72£72£45£85£85£55Approval of explosives£159£110£45£184£127£55Approval of locomotive or other vehicle£1,705£445£45£1,940£507£55Approval of electrical equipment for use in potentially gassy zonesFees calculated on a different system of classification£605£396£55Approval of methanometers£291£187£55Approval of electric safety lamps£291£187£55Approval of other types of apparatus essential for safety£148£148£55Part IIBallistic pendulum shot£36£41Break test shot£44£51Deflagration shot£30£35Detonator test (per 100 shots)£323£380Detonator delay time test (per 100 shots)£198£232Gallery shot£74£82Mortar shot£35£39Velocity of detonation test (per 3 shots)£62£72Part IIIOther testing not fixed in Parts I and II£57 per hour worked£47 per hour workedSchedule 2 Part IApproval of respiratory protective equipment£72£85Approval of safe load indicators£27 per hour worked£27 per hour workedSchedule 2 Part IITesting respiratory protective equipment£57 per hour worked£57 per hour workedSchedule 3Original approval of tractor cab£166£203Revision of existing approval of a tractor cab£83£99Schedule 4Approval of scheme or programme for examination of freight containers£37£75Schedule 5Licence for work with asbestos insulations or asbestos coating and renewal of original licence£375£450Schedule 6BasicX-RaysLaboratory testsBasicX-RaysLaboratory testsThe Work in Compressed Air Special Regulations 1958£31£33£19£40£34£19.50 The ionising Radiations Regulations 1985 where surveillance is confined to examination of, and making entries in records £14£33£19£16£34£19.50 b in other cases £31£33£19£39£34£19.50The Control of Asbestos at The Work Regulations 1987£34£30£17£43£31£17.50Control of Substances Hazardous to Health Regulations 1988£31£33£19£40£34£19.50Schedule 7On the First Assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment)£33£37.50 On each subsequent assessment of an employee— for laboratory tests where these are carried out £33£37.50 ii for a clinical medical examination where this is carried out £15£17Schedule 8Group IDose record keeping where the application is solely in respect of Group I functions£359£420Dose record keeping where the application for Group I functions is linked to an application for approval in another group£153£179Group IIExternal dosimetry£543 for one sub-group and £180 for each additional sub-group£489 for one sub-group and £211 for each additional sub-groupGroup III Internal dosimetry trontium 90 and actinides £679 for one or more radio-isotopes in this sub-group£290 for one or more radio-isotopes in this sub-group a £430 for Bio-assay, or in vivo monitoring or air sampling b £607 for two or more of these techniques in combination b Any other radio-nuclide £527 for up to 5 radio-nuclides and £369 for each additional group of 5 radio-nuclides or part thereof£188 for up to 5 radio-nuclides and £147 for each additional group of 5 radio-nuclides or part thereofType approval of a radiation generator or an apparatus containing a radio-active substance under sub-paragraph (f) or (g) respectively of Schedule 3 to the Ionising Radiations Regulations 1985£73£86Schedule 9 Part IFactory licence£724 plus £38 additional fee for each building or other place in which explosives are to be made or kept£826 plus £44 additional fee for each building or other place in which explosives are to be made or keptMagazine licence£561 plus £38 additional fee for each building or other place in which explosives are to be kept£641 plus £44 additional fee for each building or other place in which explosives are to be made or keptFactory amending licence£270 plus £9 additional fee for each building or other place to be specified in the amending licence and in which explosives are to be made or kept£306 plus £11 additional fee for each building or other place to be specified in the amending licence and in which explosives are to be made or keptMagazine amending licence£45 plus £9 additional fee for each building or other place to be specified in the amending licence in which explosives are to be kept£52 plus £11 additional fee for each building or other place in the amending licence and in which explosives are to be keptLicence for importation of explosives£39£45Licence for importation of compressed acetylene£39£45Replacement of one of the above licences if lost£18£21Amendment to an existing licence£14£16Part IIA store licence£51£55Renewal of a store licence£51£55Registration and renewal of registration of premises for the keeping of explosives with a local authority£9£9.50Licence to keep petroleum spirit of a quantity—not exceeding 2,500 litres£24 for each year of licence£26.50 for each year of licenceexceeding 2,500 litres but not exceeding 50,000 litres£36 for each year of licence£39 for each year of licenceexceeding 50,000 litres£71 for each year of licence£77 for each year of licenceTransfer of petroleum spirit licence£7£7Part IIIOriginal approval of premises in which acetylene is to be manufactured or kept£392£444Amendment of an approval of premises in which acetylene is to be manufactured or kept£173£196Approval of apparatus in which acetylene is to be manufactured or kept£22£24Part IVComparison of a porous substance with a sample porous substance£22£24Original approval of premises in which acetylene is compressed£392£444Amendment of an approval of premises in which acetylene is compressed£27£30Part VAuthorisation or classification of an explosive to be manufactured for general sale or to be imported with or without a licence£111£126Grant of an original special packing authority£191£217Amendment to a special packing authority£27£32Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967£110£139Part VIIApplication for a licence to be granted for the importation of explosives which are not at the time of application authorised to be manufactured for general sale or imported for general sale£57 per hour worked£57 per hour workedApproval of apparatus in which acetylene is to be manufactured or kept£57 per hour worked£57 per hour workedComparison of a porous substance with a sample porous substance£57 per hour worked£57 per hour workedAuthorisation of an explosive to be manufactured for general sale or to be imported for general sale with or without a licence£57 per hour worked£57 per hour workedApplication for a licence to manufacture explosive in pursuance of the Ammonium Nitrate Mixtures Exemption Order 1967£57 per hour worked£57 per hour workedSchedule 10Classification of an article, substance combination or unit load£57 per hour worked£57 per hour workedSchedule 11Grant of an explosives licence or alteration of the terms of an existing explosives licence£222 plus £38 per hour worked£251 plus £43 per hour worked

5 The Regulations do not apply to Northern Ireland.

Footnotes

[^f00001]: 1974 c. 37; section 43 was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 12.

[^f00002]: S.I. 1990/1906.

[^f00003]: 1954 c. 70.

[^f00004]: 1969 c. 10.

[^f00005]: S.I. 1974/2013.

[^f00006]: 1961 c. 34.

[^f00007]: S.I. 1980/1248.

[^f00008]: S.I. 1985/1333.

[^f00009]: S.I. 1987/2115.

[^f00010]: S.I. 1988/1657; amended by S.I. 1990/2026.

[^f00011]: S.I. 1961/1581.

[^f00012]: S.I. 1960/1932.

[^f00013]: S.I. 1974/2034; relevant amending instruments are S.I. 1976/1247, 1980/1036, 1981/1414 and 1990/1075.

[^f00014]: S.I. 1984/1890.

[^f00015]: S.I. 1983/1649.

[^f00016]: S.I. 1980/1248.

[^f00017]: S.I. 1985/1333.

[^f00018]: 1928 c. 32; relevant amending instruments are S.I. 1974/1942 and S.I. 1987/52.

[^f00019]: 1936 c. 27; relevant amending instruments are S.I. 1974/1942 and S.I. 1987/52.

[^f00020]: S.I. 1983/1140.

[^f00021]: S.I. 1987/37.

[^f00022]: S.I. 1978/1723.

[^f00023]: S.R. & O. 1937/54; relevant amending instruments are S.R. & O. 1947/805 and S.I. 1974/1885.

[^f00024]: S.R. & O. 1919/809, amended by S.I. 1974/1885.

[^f00025]: S.I. 1949/798, to which there are no relevant amendments.

[^f00026]: S.I. 1967/1485.

[^f00027]: 1875 c. 17; section 40(9) was amended by Orders in Council (No. 10) of 27th November 1875 (Rev. VII, p.40) and (No. 10A) of 26th June 1884 (Rev. VIII, p.41) and S.I. 1974/1885 and 1978/1723.

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