The Health and Safety and Nuclear (Fees) Regulations 2022

Made: 19th December 2022

Laid before Parliament: 20th December 2022

Coming into force: 21st December 2022

In accordance with paragraph 19 of Schedule 7 to the 2018 Act, the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement, extent and application

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• (1) These Regulations may be cited as the Health and Safety and Nuclear (Fees) Regulations 2022 and come into force on 21st December 2022.

• (2) These Regulations extend to Great Britain.

• (3) These Regulations apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013[^f00005] as they apply to work within Great Britain.

Interpretation

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• (1) In these Regulations—

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

• “the 2013 Act” means the Energy Act 2013;

• “the 2012 Asbestos Regulations” means the Control of Asbestos Regulations 2012[^f00006];

• “the 2013 Biocidal Products and Chemicals Regulations” means the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013[^f00007];

• “the 2014 GMO Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2014[^f00008];

• “the 2017 Regulations” means the Ionising Radiations Regulations 2017[^f00009];

• “employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act[^f00010];

• “the ONR” means the Office for Nuclear Regulation[^f00011];

• “original approval” and “original type approval” do not include an amendment of an approval; and

• “working days” does not include weekends or public holidays.

• (2) A reference to “approval” in these Regulations includes the amendment of an approval, and a reference to “amendment of an approval” includes the issue of a new approval replacing the original and incorporating one or more amendments.

• (3) Any reference in these Regulations to the renewal of an approval, explosives certificate or licence (each referred to in this paragraph as an “authorisation”) means the granting of the authorisation concerned to follow a previous authorisation of the same kind without any amendment or gap in time.

Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974

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• (1) A fee is payable by the applicant to the Executive on each application for the approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974[^f00012].

• (2) The fee payable on application for the type of approval described in column 1 of Schedule 1 is that specified in the corresponding entry in column 2 of that Schedule.

Fees for applications for approval under the Freight Containers (Safety Convention) Regulations 2017

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• (1) A fee is payable by the applicant to the Executive on each application for the approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 2017[^f00013].

• (2) The fee payable on each application for the approval described in column 1 of Schedule 2 is that specified in column 2 of that Schedule.

Fees for various applications under the Control of Asbestos Regulations 2012

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• (1) A fee is payable to the Executive by the applicant on each application for a licence under the 2012 Asbestos Regulations.

• (2) The fee payable on the application for a licence described in column 1 of Table 1 in Schedule 3 is that specified in column 2 of that Table.

• (3) Where the Executive refuses to grant an applicant a licence under the 2012 Asbestos Regulations and offers to reassess whether to grant the licence if shortcomings leading to the refusal of the application for the licence are remedied, a fee is payable by the applicant to the Executive in respect of any such reassessment.

• (4) The fee payable for the reassessment referred to in paragraph (3) is that specified in column 1 of Table 2 in Schedule 3.

• (5) Where the Executive amends a licence granted under the 2012 Asbestos Regulations and the amendment relates to a condition or the duration of the licence, a fee is payable to the Executive by the licensee.

• (6) The fee payable under paragraph (5) is that specified in column 2 of Table 2 in Schedule 3.

• (7) Where the Executive replaces a lost licence granted under the 2012 Asbestos Regulations or amends a licence granted under those Regulations for reasons other than those referred to in paragraph (5), a fee is payable to the Executive by the licensee.

• (8) The fee payable under paragraph (7) is that specified in column 3 of Table 2 in Schedule 3.

Fees for examination or surveillance by an employment medical adviser

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• (1) A fee is payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of that employer’s employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 4.

• (2) The fee payable under paragraph (1) is a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination, and for each provision specified in column 1 of Schedule 4—

• (a) the basic fee is the amount specified in column 3 of that Schedule for that provision;

• (b) the additional fee for X-rays is the amount specified in column 4 of that Schedule for that provision, and covers all X-rays taken in connection with any one examination;

• (c) the additional fee for laboratory tests is the amount specified in column 5 of that Schedule for that provision, and covers all such tests carried out in connection with any one examination.

• (3) Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the 2012 Asbestos Regulations, that self-employed person must pay fees to the Executive ascertained in accordance with paragraph (2).

Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002

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• (1) A fee is payable to the Executive by an employer in respect of medical surveillance of any of that employer’s employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 2002[^f00014].

• (2) The fee payable for each item described in column 1 of Schedule 5 is that specified in the corresponding entry in column 2 of that Schedule.

Fees payable in connection with the Ionising Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019

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• (1) A fee is payable to the Executive by the applicant on each application for an original type approval of apparatus pursuant to paragraphs 1(d)(i) or 1(e)(i) of Schedule 1 to the 2017 Regulations or for an amendment, pursuant to section 11(1) of the 1974 Act, of an original type approval granted either under the 2017 Regulations or the 1999 Regulations.

• (2) A fee is payable to the appropriate authority ... by the applicant on each application for registration ... for the purposes of the 2017 Regulations.

• (3) The fee payable by the applicant for an application referred to in paragraph (1) or (2) in respect of each matter specified in column 1 of Table 1 in Schedule 6 is that specified in the corresponding entry in column 2 of that Table.

• (3A) A fee is payable to the appropriate authority by the applicant on each application under regulation 7(2) of the 2017 Regulations for a consent to carry out specified practices for the purposes of those Regulations.

• (4) A fee is payable by the applicant to the Executive on each application for—

• (a) an original approval of dosimetry services for the purposes of the 2017 Regulations or the 2019 Regulations;

• (b) the reassessment of an original approval of dosimetry services previously granted for the purposes of the 1999 Regulations, the 2017 Regulations or the 2019 Regulations; or

• (c) the amendment of an original approval granted for the purposes of the 1999 Regulations, the 2017 Regulations or the 2019 Regulations and amended pursuant to section 11(1) of the 1974 Act.

• (5) The fee payable by the applicant for an application referred to in paragraph (4) for each purpose specified in column 1 of Table 2 in Schedule 6 is that specified in the corresponding entry in column 2 of that Table.

• (6) A fee is payable by the applicant to the Executive where the Executive requires any work to be carried out by—

• (a) its inspectors; or

• (b) a person appointed to advise the Executive,

in connection with any application in respect of which a fee is payable by virtue of paragraph (2) or (4) (other than an application for registration pursuant to regulation 6 of the 2017 Regulations), and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 6 is that specified in the corresponding entry in column 3 of those Tables for each hour worked adjusted pro rata for a period worked of less than one hour.

• (7) Where the Executive requires an inspection to be carried out in connection with any application mentioned in paragraph (2) or (4), a fee is payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.

• (8) Any fee payable under paragraph (1), (6) or (7) is payable prior to notification of the result of the application.

• (9) Subject to paragraph (10), a fee is payable by an employer to the Executive for each dose record sent by or on behalf of that employer pursuant to regulation 22(3)(e) of the 2017 Regulations in the amount set out in column 2 of Table 3 in Schedule 6 for the work carried out by or on behalf of the Executive by virtue of the provisions set out in column 1 of that Table and for the purpose specified in column 3 of that Table.

• (10) The employer is not required to pay a fee under paragraph (9) unless the total amount payable in respect of all dose records relating to a calendar year sent by, or on behalf of, that employer is at least £27.

• (11) For the purposes of this regulation and Schedule 6—

• “the 1999 Regulations” means the Ionising Radiations Regulations 1999[^f00015];

• “the 2019 Regulations” means the Radiation (Emergency Preparedness and Public Information) Regulations 2019[^f00016];

• “appropriate authority” has the meaning given in regulation 6(10) of the 2017 Regulations;

• “processing” means obtaining, recording or holding the information or carrying out any operation or set of operations on that information, including—organisation, adaptation or alteration of the information;retrieval or consultation of the information; anddisclosure by transmission, dissemination or otherwise making available the information, in whatever format.

Fees payable in relation to the Explosives Regulations 2014 and the Acetylene Safety (England and Wales and Scotland) Regulations 2014

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• (1) A fee is payable to the Executive or the ONR, as appropriate, by the person referred to in column 3 of the table in Part 1 of Schedule 7, for the performance by or on behalf of the Executive or by the ONR of such functions as are conferred on the Executive or the ONR by virtue of the provision specified in column 1 of that table for the purpose specified in column 2 of that table.

• (2) Where an application is made to the Executive in relation to a provision specified in column 1 of the table in Part 2 of Schedule 7, for a purpose specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table is payable by the applicant to the Executive.

• (3) Where an application is made to a licensing authority specified in paragraph 1(a) of Schedule 1 to the Explosives Regulations 2014 in relation to a provision specified in column 1 of the table in Part 3 of Schedule 7, for a purpose specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table is payable by the applicant to that licensing authority.

• (4) Where a licensing authority specified in paragraph 1(a) of Schedule 1 to the Explosives Regulations 2014 varies, or proposes to vary, a licence as described in column 1 of the table in Part 3 of Schedule 7, without the agreement of the explosives licensee as permitted by regulation 16 of the Explosives Regulations 2014, the fee specified in the corresponding entry of column 3 of that table is payable by the explosives licensee to that licensing authority.

• (5) Where any application in relation to the provision specified in column 1 of the table in Part 4 of Schedule 7 is made for a purpose specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table is payable by the applicant to the chief officer of the police.

• (6) Where, in relation to an application for an explosives certificate under the Explosives Regulations 2014, a check is carried out for the purposes of regulation 19(2)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee of £5 is payable by the applicant to the chief officer of police prior to that check being carried out.

• (7) Parts 3 and 4 of Schedule 7 have effect subject to, respectively, the Notes to Parts 3 and 4.

• (8) A fee is payable to the acetylene licensing authority by the person referred to in column 2 of the table in Part 5 of Schedule 7, for the performance by or on behalf of the acetylene licensing authority of such functions as are conferred on it for the purpose specified in column 1 of that table.

• (9) Where a fee is payable under paragraphs (1) to (5) or (8), the fee is payable—

• (a) in relation to applications for new licences, prior to notification of the result of the application;

• (b) for existing licences, within 30 days from—

• (i) the date on which the variation of the licence takes effect; or

• (ii) if the licence is not varied, the date of the invoice given to the relevant licensee in respect of that fee.

• (10) Subject to paragraphs (12) and (13), a fee is payable by the relevant person to the Executive for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (11).

• (11) The functions referred to in paragraph (10) are any functions conferred on the Executive or the inspector by the 1974 Act which relate to the enforcement of any of the relevant statutory provisions against that relevant person.

• (12) No fee is payable under paragraph (10) for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any functions conferred on them by the 1974 Act which relate to the enforcement of Part 13 of the Explosives Regulations 2014.

• (13) No fee is payable under this regulation for the performance by or on behalf of the Executive of the functions referred to in paragraph (10) to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to the Control of Major Accident Hazards Regulations 2015.

• (14) For the purposes of this regulation and Schedule 7—

• “the 1968 Act” means the Firearms Act 1968;

• “the 2014 Acetylene Regulations” means the Acetylene Safety (England and Wales and Scotland) Regulations 2014;

• “acetylene licensee” means a licensee within the meaning given in the 2014 Acetylene Regulations (see regulation 2 of those Regulations);

• “acetylene licensing authority” means a licensing authority within the meaning given in the 2014 Acetylene Regulations (see regulation 2 of those Regulations);

• “ammonium nitrate blasting intermediate”, “chief officer of police”, “civil explosive”, “explosives certificate”, “licence”, “licensing authority”, “manufacture”, “prohibited person”, “shooters’ powder” and “site” have the same meanings as in the Explosives Regulations 2014;

• “explosives licensee” means a licensee within the meaning given in the Explosives Regulations 2014 (see regulation 2(1) of those Regulations);

• “firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act;

• “firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act to a person who is registered as a firearms dealer under that section;

• “recipient competent authority document” means a document obtained under regulation 8(1) of the Explosives Regulations 2014 for the transfer of civil explosives;

• “relevant application under the 1968 Act” means an application under the 1968 Act—for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; andfor the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate;

• “relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate;

• “relevant person” means an explosives licensee or an acetylene licensee as the case may be;

• “site manufacturing code” means the code attributed to a site that manufactures civil explosives by the Executive under regulation 34 of the Explosives Regulations 2014.

Fees payable in relation to the Petroleum (Consolidation) Regulations 2014

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Where an application in relation to a provision in the Petroleum (Consolidation) Regulations 2014[^f00023] specified in column 1 of Part 6 of Schedule 7 is made for the purpose described in the corresponding entry in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part is payable to the petroleum enforcement authority by the applicant.