LegalizeHealth and Safety (Fees) Regulations (Northern Ireland) 1998
Made: 26th March 1998
Coming into operation: 5th May 1998
The Department of Economic Development[^f00001], in exercise of the powers conferred on it by Articles 49 and 55(2) of the Health and Safety at Work (Northern Ireland) Order 1978[^f00002] (“the 1978 Order”) and, being the Department concerned[^f00003], in exercise of the powers conferred on it by Articles 40(2) and (4) and 55(2) of the 1978 Order and of every other power enabling it in that behalf, after consultation in accordance with Article 46(1) of the 1978 Order with the Health and Safety Agency for Northern Ireland and such other bodies as appeared to the Department to be appropriate, hereby makes the following Regulations:
Citation, commencement and interpretation
1
- (1) These Regulations may be cited as the Health and Safety (Fees) Regulations (Northern Ireland) 1998 and shall come into operation on 5th May 1998.
- (2) In these Regulations—
- “employment medical adviser” means an employment medical adviser appointed under Article 48(3) of the 1978 Order; and
- “the Executive” means the Health and Safety Executive for Northern Ireland;
- “renewal of licence” means the granting of a licence to follow a previous licence without any amendment or gap in time.
Fees payable under the Petroleum (Consolidation) Act (Northern Ireland) 1929 and the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937
2
The fee payable under each provision specified in column 1 of Schedule 1 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Schedule.
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
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act (Northern Ireland) 1929[^f00004] or section 1(4) of the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937[^f00005], the fees specified in Schedule 1 shall be payable for any petroleum-spirit licence first having effect or any transfer or renewal of a licence first taking effect on or after the date of the coming into operation of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees payable for medical examination or surveillance by an employment medical adviser
4
- (1) A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 2.
- (2) The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when the 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 or surveillance.
- (3) For the purposes of paragraph (2), in the case of an examination or surveillance carried out for the purposes of a provision specified in column 1 of Schedule 2—
- (a) the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
- (b) the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination or any one occasion when surveillance is carried out;
- (c) the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination or any one occasion when surveillance is carried out.
- (4) Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations (Northern Ireland) 1988[^f00006], that self-employed person shall pay to the Executive fees ascertained in accordance with paragraphs (2) and (3).
Fees payable for medical surveillance by an employment medical adviser under the Ionising Radiations Regulations (Northern Ireland) 1985
5
- (1) Fees shall be payable in accordance with paragraphs (2) and (3) by an employer to the Executive in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Ionising Radiations Regulations (Northern Ireland) 1985[^f00007].
- (2) Subject to paragraph (3), where the medical surveillance includes an examination of, or interview with, the employee, the fee shall be a basic fee for each examination or interview or combination thereof of £42 together with an additional fee of £47 in respect of all X-rays taken, and £28 in respect of all laboratory tests carried out, in connection with any one such examination or interview or combination thereof.
- (3) Where the medical surveillance is confined to an examination of, and making of entries in, records, the fee shall be £26.
Fees payable for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations (Northern Ireland) 1986
6
- (1) Fees shall be payable in accordance with paragraph (2) by an employer to the Executive in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations (Northern Ireland) 1986[^f00008].
- (2) The fee payable for each item described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable on application for a licence under the Asbestos (Licensing) Regulations (Northern Ireland) 1984
7
- (1) A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations (Northern Ireland) 1984[^f00009].
- (2) The fee payable on application for a licence described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
Fee payable on application for approval under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992
8
- (1) A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of containers under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992[^f00010].
- (2) The fee payable on application for the approval described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
Fees associated with notifications and applications under the Notification of New Substances Regulations (Northern Ireland) 1994
9
- (1) The fee fixed by column 2 of Schedule 6 shall be payable by a notifier to the Executive on each such notification or application under the Notification of New Substances Regulations (Northern Ireland) 1994[^f00011] as is referred to in the corresponding entry in column 1 of that Schedule.
- (2) The Executive shall repay to the notifier the amount of any rebate due to the notifier in the circumstances described in Schedule 6.
Fees associated with notifications under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 1994
10
- (1) A fee shall be payable by a notifier to the Executive on each notification of the intention to use premises for activities involving genetic modification for the first time and of individual activities involving genetic modification under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 1994[^f00012].
- (2) The fee payable for each notification described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable for vocational training certificates under the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997
11
- (1) A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997[^f00013] where a fee of the sum specified in Schedule 8 has been paid to the Secretary of State.
- (2) The validity of a vocational training certificate may only be extended in accordance with paragraph (6) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 8 has been paid to the Secretary of State.
- (3) Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in Article 40(4) of the 1978 Order.
Revocations
12
- (1) The Regulations specified in column 1 of Schedule 9 are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
- (2) Subject to paragraph (3), the Health and Safety (Medical Fees) Regulations (Northern Ireland) 1997[^f00014] are hereby revoked.
- (3) The Regulations referred to in paragraph (2) shall continue to apply in relation to any medical examination or medical surveillance carried out before 5th May 1998 as if these Regulations had not been made.
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 (Northern Ireland) 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 | £30·40 for each year of licence | |
| exceeding 2,500 litres but not exceeding 50,000 litres | £45 for each year of licence | |
| exceeding 50,000 litres | £88·40 for each year of licence | |
| Petroleum (Transfer of Licences) Act (Northern Ireland) 1937 c. 4 (N.I.) | ||
| Section 1(4) | Transfer of petroleum-spirit licence | £7·20 |
SCHEDULE 2 — Fees payable for medical 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 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) | £43·65 | £47 | £28 |
| b Regulation 16 of the Control of Asbestos at Work Regulations (Northern Ireland) 1988 | S.R. 1988 No. 74 (relevant amending Regulations are S.R. 1993 No. 26) | £46·50 | £47 | £28 |
| c Regulation 11 of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 1995 | S.R. 1995 No. 51 | £46·50 | £47 | £28 |
SCHEDULE 3 — Fees payable for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations (Northern Ireland) 1986
| 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). | £47 |
| b On each subsequent assessment of an employee— i for laboratory tests where these are carried out | £28 |
| ii for a clinical medical examination where this is carried out | £29 |
SCHEDULE 4 — Fee payable on application for a licence 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 renewal of original licence | £362 |
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 containers | £75 |
SCHEDULE 6 — Fees associated with notifications and applications under the Notification of New Substances Regulations (Northern Ireland) 1994
Note 1.
Rebate where an adequate draft risk assessment is included
Note 2.
Rebate where an adequate draft risk assessment is included
SCHEDULE 7 — Fees associated with notifications under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 1994
| Column 1 | Column 2 |
|---|---|
| Description | Fee |
| a Notification of intention to use premises for activities involving genetic modification for the first time under regulation 8, other than a case where a consent is required under regulation 8(3). | £111 |
| b Notification of the intention to use premises for activities involving genetic modification for the first time, where a consent is required under regulation 8(3). | £111 |
| c Notification of individual activities involving genetic modification under regulation 9, other than a case where a consent is required under regulation 9(5). | £125 |
| d Notification of individual activities involving genetic modification where a consent is required under regulation 9(5). | £240 |
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 | £2·80 |
SCHEDULE 9 — Revocations
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