The Health and Safety and Nuclear (Fees) Regulations 2022

Fees in relation to Part 5 of the Dangerous Goods in Harbour Areas Regulations 2016

Fees payable in respect of boreholes and onshore oil, gas and geothermal well and borehole operations

14A

• (1) Subject to paragraph (2), a fee is payable to the Executive by the person referred to in column 2 of Schedule 14 for the performance by the Executive of such functions conferred on it under the 1995 Regulations as are specified in column 1 of that Schedule.

• (2) No fee is payable under paragraph (1) for the performance by the Executive of the functions specified in column 1 of Schedule 14 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.

• (3) Subject to paragraph (7), a fee is payable to the Executive by a borehole site operator of a borehole site that is located onshore, or a well operator of a well that is located onshore, for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (4).

• (4) The functions referred to in paragraph (3) 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 one or more of the following—

• (a) the borehole site operator of a borehole site; or

• (b) the well operator of a well; or

• (c) a contractor in relation to any work carried out by that contractor on or in connection with that borehole site or well.

• (5) Subject to paragraph (7), a fee is payable to the Executive by a geothermal operator of a geothermal well or borehole operation that is located onshore, for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (6).

• (6) The functions referred to in paragraph (5) 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 one or more than one of the following—

• (a) the geothermal operator of a geothermal well or borehole operation; or

• (b) a contractor in relation to any work carried out by that contractor on or in connection with that geothermal well or borehole operation.

• (7) No fee is payable under paragraphs (3) and (5) for the performance by the Executive of any of the functions referred to in Schedule 14 to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to paragraph (1).

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

• “the 1995 Regulations” means the Borehole Sites and Operations Regulations 1995;

• “borehole site” and “borehole site operator” have the meanings given in regulation 2 of the 1995 Regulations;

• “geothermal well or borehole” means any well or borehole that is drilled or converted for the purposes of the discovery or commercial production of geothermal resources and is either—a well or borehole that is deeper than 500 metres;a well or borehole that is deeper than 30 metres and within a mining area as defined in regulation 2(1) of the 1995 Regulations;a well that is reasonably presumed to contain geothermal resources; ora well, decommissioned or otherwise, that has been used in connection with the exploitation or production of petroleum and is, or will be, converted or reactivated for use in connection with the production of geothermal resources or employed for reinjecting geothermal resources.

• “geothermal well or borehole operation” means an activity or operation in the course or furtherance of, or in connection with the cessation of—the drilling of a geothermal well or borehole, including the recommencement of drilling after a geothermal well or borehole has been completed, suspended or abandoned by plugging at the surface; orany other operation on a geothermal well or borehole which would make a significant alteration to it, or involve a risk of the accidental release of fluids from that geothermal well or borehole;

• “geothermal operator” means, in relation to a geothermal well or borehole, the person appointed in writing by the owner to exercise for the time being the function of organising or supervising geothermal well or borehole operations at the site, where that function involves the exercise of overall control of the geothermal well or borehole operation, or where for the time being there is no such person, the owner;

• “onshore” means—for the purposes of a borehole site or well, on land in Great Britain, orfor the purposes of a geothermal well and borehole, on land in Great Britain or within territorial waters;

• “owner” means, in relation to a geothermal well or borehole operation, the person who has the right to undertake the geothermal well or borehole operation which is being or is to be undertaken at the site;

• “petroleum”, “well” and “well operator” have the meanings given in regulation 2 of the Offshore Installations and Wells (Design and Construction etc) Regulations 1996

• “territorial waters” means United Kingdom territorial waters adjacent to Great Britain and “within territorial waters” includes on, over and under them.

Fees payable in respect of gas safety functions

Fees payable in relation to pipelines conveying fluids under the Pipeline Safety Regulations 1996

15A

• (1) Subject to paragraph (3), a fee is payable to the Executive by the operator of a pipeline (including a major accident hazard pipeline) for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (2).

• (2) The functions referred to in paragraph (1) 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 one or both of the following—

• (a) the operator of a pipeline, in relation to any work relating to that pipeline, including the construction of the pipeline and any activities undertaken to ensure that the pipeline is left in a safe condition once it has ceased to be used for the conveyance of fluid; or

• (b) a contractor in relation to any work carried out by that contractor on or in connection with that pipeline, including the construction of the pipeline and any activities undertaken to ensure that the pipeline is left in a safe condition once it has ceased to be used for the conveyance of fluid.

• (3) No fee is payable under paragraph (1) for the performance by the Executive of any of the functions referred to in regulations 14 and 15 to the extent that, in respect of any such function, a fee is payable or has been paid pursuant to one of those regulations.

• (4) In this regulation, “fluid”, “operator” and “pipeline” have the meanings given in regulation 2 of the Pipeline Safety Regulations 1996.

Fees payable in relation to onshore wind energy installations

15B

• (1) A fee is payable to the Executive by the client of an onshore wind energy installation project for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (2).

• (2) The functions referred to in paragraph (1) 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 one or both of the following—

• (a) the client in relation to any work, including construction work, carried out for the onshore wind energy installation project;

• (b) a contractor in relation to any work, including construction work, carried out by that contractor on or in connection with that project.

• (3) A fee is payable to the Executive by the operator of an onshore wind energy installation for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (4).

• (4) The functions referred to in paragraph (3) 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 one or both of the following—

• (a) the operator, in relation to any work relating to the operation of an onshore wind energy installation;

• (b) a contractor in relation to any work carried out by that contractor on or in connection with the operation of that installation.

• (5) In this regulation—

• “client”, “construction work” and “project” have the meanings given in regulation 2(1) of the Construction (Design and Management) Regulations 2015;

• “onshore wind energy installation” means an installation onshore of one or more wind turbines for, or activities connected with or preparatory to, the production of energy from wind resources, including anything related to or connected with that installation within the site boundary of the installation;

• “onshore wind energy installation project” means a project to design, construct, install, maintain, decommission or demolish an onshore wind energy installation;

• “onshore” means on land in Great Britain;

• “operator” means the person appointed by the owner of the onshore wind energy installation to execute the management functions for operations to be carried out at that installation or, where no such person has been appointed, the owner of that installation;

• “owner” means in relation to an onshore wind energy installation the person who controls the operation of that installation;

• “site boundary” means the boundary of the land on which the onshore wind energy installation is situated or, in the case of the construction of a new onshore wind energy installation, the land on which construction work is being carried out, that is controlled or owned by the owner.

Fees payable in relation to offshore wind or marine energy installations

15C

• (1) A fee is payable to the Executive by the client of an offshore wind or marine energy installation project for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (2).

• (2) The functions referred to in paragraph (1) 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 one or both of the following—

• (a) the client in relation to any work, including construction work, carried out for the offshore wind or marine energy installation project;

• (b) a contractor in relation to any work, including construction work, carried out by that contractor on or in connection with that project.

• (3) A fee is payable to the Executive by the operator of an offshore wind or marine energy installation for the performance by or on behalf of the Executive, or by an inspector appointed by it, of the functions specified in paragraph (4).

• (4) The functions referred to in paragraph (3) 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 one or both of the following—

• (a) the operator in relation to any work relating to the operation of an offshore wind or marine energy installation;

• (b) a contractor in relation to any work carried out by that contractor on or in connection with the operation of that installation.

• (5) In this regulation—

• “client”, “construction work” and “project” have the meanings given in regulation 2(1) of the Construction (Design and Management) Regulations 2015;

• “energy structure” and “renewable energy zone” have the meanings given in article 9 of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013;

• “offshore wind or marine energy installation” means—an installation of one or more energy structures and technology, including cables, within the territorial sea or a renewable energy zone for the purposes specified in article 9(1)(a) to (c) (the production of energy from water or wind) of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013, orany activities within the territorial sea or a renewable energy zone that are associated with the installation referred to in paragraph (a) and are connected with or preparatory to the purposes specified in article 9(1)(a) to (c) (the production of energy from water or wind) of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013;

• “offshore wind or marine energy installation project” means a project to design, construct, install, maintain, decommission or demolish an offshore wind or marine energy installation;

• “operator” means the person appointed by the owner of the offshore wind or marine energy installation to execute the management functions for operations to be carried out at that installation or, where no such person has been appointed, the owner of that installation;

• “owner” means in relation to an offshore wind or marine energy installation the person who controls the operation of that installation.

• “territorial sea” has the meaning given in article 2 of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013.

Fees payable in relation to nuclear installations

Provisions supplementary to regulations 8(3A) , 9, 11 and 14 to 16

Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989

Provisions supplementary to regulation 18

Fees for notifications under the Borehole Sites and Operations Regulations 1995

Fees payable in connection with work relating to biocides

Fees payable for activities under the CLP Regulation

Fees for intervention

Provisions supplementary to regulation 23

Repayments and disputes

Review

Revocations

Note:

The fee payable for an explosives certificate or renewal of an explosive certificate (“renewal”)—

• (a) of less than one year’s duration is, respectively, the fee set out above for a certificate, or renewal of one year’s duration decreased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

• (b) of more than one but less than two years’ duration is, respectively, the fee set out above for an explosives certificate, or a renewal of one year’s duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

• (c) of more than two years but less than three years’ duration is, respectively, the fee set out above for an explosives certificate, or a renewal of two years’ duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

• (d) of more than three years but less than four years’ duration is, respectively, the fee set out above for an explosives certificate, or a renewal of three years’ duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;

• (e) of more than four years but less than five years’ duration is, respectively, the fee set out above for an explosives certificate, or a renewal of four years’ duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted.

PART6 — Fees payable in respect of applications for the granting of storage certificates and petrol licences under the Petroleum (Consolidation) Regulations 2014