The Health and Safety (Fees) Regulations (Northern Ireland) 2010

Type Ni-Statutory-Rule
Publication 2010-03-04
Last updated 2012-07-30
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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articles Not indexed
Reform history JSON API

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A) of the 1978 Order[^f00006].

Citation, commencement and interpretation

1

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[^f00009] or section 1(4) of the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937[^f00010], 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

Fees payable for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations (Northern Ireland) 2003

5

Fees payable for various applications under the Control of Asbestos Regulations (Northern Ireland) 2012

6

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

7

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

8

Fees payable in respect of offshore installations

9

Fees payable in respect of gas safety functions

10

insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is or is to be conveyed or used.

Provisions supplementary to regulations 9 and 10

11

Revocation

12

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 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 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 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 (Northern Ireland) 1929 (1929 c. 13)
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 £41 for each year of licence
exceeding 2,500 litres but not exceeding 50,000 litres £57 for each year of licence
exceeding 50,000 litres £118 for each year of licence
Petroleum (Transfer of Licences) Act (Northern Ireland) 1937 (1937 c.4)
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 £70 £72 £41
(b) Regulation 22 of the Control of Asbestos Regulations (Northern Ireland) 2012 S. R. 2007 No. 31 £70 £72 £41
(c) Regulation 11 of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 S.R. 2003 No. 34 £70 £72 £41
(d) Regulation 24 of the Ionising Radiations Regulations (Northern Ireland) 2000 S.R. 2000 No. 375 £37 where surveillance is confined to examination of, and making entries in, records.£70 in other cases £72 £41

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 2
Item Fee
aOn the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment) £70
bOn each subsequent assessment of an employee—
ifor laboratory tests where these are carried out £41
iifor a clinical medical examination where this is carried out £41

SCHEDULE 4 — FEES PAYABLE FOR VARIOUS APPLICATIONS UNDER THE CONTROL OF ASBESTOS REGULATIONS (NORTHERN IRELAND) 2012

Column 1 Column 2
Subject matter of licence Fee
Licence for work with asbestos or renewal of (original) licence £1,160
Column 1 Column 2
--- ---
Fee for re-assessment of licence application Fee for amendment of condition, or duration, of licence
£300 £300

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 £92

SCHEDULE 6 — 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 the 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 7 — 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 safety case or a revision to a current safety case (sent to the Executive pursuant to any provision of the 2007 Regulations) for the purpose of deciding whether to accept that safety case or revision and accepting any such safety case or revision The operator or owner who sent the safety case or revision to the Executive pursuant to that provision
Providing advice with respect to the preparation of a 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
Assessing whether to grant an exemption pursuant to regulation 16 of the Offshore Installations (Safety Case) Regulations (Northern Ireland) 1993[^f00021] in so far as that regulation is continued in operation by regulation 27(1) of the 2007 Regulations and granting any such exemption The operator or owner who has requested the exemption

SCHEDULE 8 — 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

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 4th March 2010.

M. Bohill — A senior officer of the Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

1These Regulations revoke and re-enact the Health and Safety (Fees) Regulations (Northern Ireland) 2009 (S.R. 2009 No. 132) (“the 2009 Regulations”). They update fees to be charged and fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive for Northern Ireland (“the Executive”), in respect of an application made for—aa licence under the Petroleum (Consolidation) Act (Northern Ireland) 1929 (1929 c. 13 (N.I.)) and for the transfer of a licence under the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937 (1937 c. 4 (N.I.)) (regulation 2 and Schedule 1);ba licence under the Control of Asbestos Regulations (Northern Ireland) 2007 (S.R. 2007 No. 31) and for the re-assessment of whether to grant an application for an asbestos licence and for amendments to, and replacements of lost, asbestos licences (regulation 6 and Schedule 4);can approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 2) (regulation 7 and Schedule 5);and in respect of—da notification or application under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 295) (regulation 8 and Schedule 6).

2The Regulations fix 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 4 and 5 and Schedules 2 and 3).

3The Regulations fix or determine the fees payable by specified persons in the offshore and gas industries for the performance by the Executive of the functions specified in those provisions and in relation to general health and safety functions at those sites (regulations 9 to 11 and Schedules 7 and 8).

4The Regulations fix or determine fees for work done by the Executive in relation to the enforcement of general health and safety functions conferred by the 1978 Order relating to the transportation of gas through “major accident hazard pipelines”, including where such work is not directly concerned with protecting persons from the risks arising from the manner in which gas is conveyed or used (regulation 10 and Schedule 8).

5The Regulations contain a saving provision to ensure that regulation 12 of the 2009 Regulations continues to have effect (regulation 12(3)).

6An estimate of the costs associated with these Regulations has been prepared by the Executive and is held at its offices at 83 Ladas Drive, Belfast, BT6 9FR, from where a copy may be obtained on request.

7The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows:TableProvision of these Regulations which fixes or determines the feesPrevious FeeNew FeePercentage IncreaseRegulation 2 and Schedule 1Licence to keep petroleum-spirit of a quantity——not exceeding 2,500 litres£40 for each year of licence£41 for each year of licence2.50—exceeding 2,500 litres but not exceeding 50,000 litres£55 for each year of licence£57 for each year of licence3.64—exceeding 50,000 litres£115 for each year of licence£118 for each year of licence2.61Transfer of petroleum-spirit licence£8£8-Regulation 4 and Schedule 2BasicX-RaysLaboratory TestsBasicX-RaysLaboratory TestsBasicX-RaysLaboratory TestsMedical examination or surveillance by an employment medical adviser under the—Work in Compressed Air Regulations (Northern Ireland) 2004£68£70£40£70£72£412.942.862.50Control of Asbestos Regulations (Northern Ireland) 2007£68£70£40£70£72£412.942.862.50Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003£68£70£40£70£72£412.942.862.50Ionising Radiation Regulations (Northern Ireland) 2000(a) where surveillance is confined to examination of, and making entries in, records£36£70£40£37£72£412.782.862.50(b) in other cases£68£70£40£70£72£412.942.862.50Regulation 5 and Schedule 3Medical surveillance by an employment medical adviser under the—Control of Lead at Work Regulations (Northern Ireland) 2003(a) on the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment)£68£702.94(b) on each subsequent assessment of an employee—(i) for laboratory tests where these are carried out£40£412.50(ii) for a clinical medical examination where this is carried out£40£412.50Regulation 6 and Schedule 4Applications under the Control of Asbestos Regulations (Northern Ireland) 2007Table 1Licence for work with asbestos or renewal of (original) licence£1,160£1,160-Table 2Re-assessment of licence application£300£300-Amendment of condition, or duration, of licence£300£300-Other amendment, or replacement, of a licence£80£80-Regulation 7 and Schedule 5Approval under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992Approval of scheme or programme for examination of freight containers£90£922.22Regulation 8 and Schedule 6Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1)£465£465-Notification of an activity involving genetic modification in class 2 under regulation 10(1)£929£929-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£929-Notification of an activity involving genetic modification in class 3 under regulation 11(1)£1,007£1,007-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£1,007-Notification of an activity involving genetic modification in class 4 under regulation 11(1)£1,161£1,161-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£1,161-Notification of an activity involving genetic modification of organisms other than micro-organisms under regulation 12(1)£929£929-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£929-Notification of additional information under regulation 15(3)£696£696-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£696-Regulation 9 and Schedule 7Offshore InstallationsSum of the costs reasonably incurred by the Executive for the function performedSum of the costs reasonably incurred by the Executive for the function performed-Regulation 10 and Schedule 8Gas Safety FunctionsSum of the costs reasonably incurred by the Executive for the function performedSum of the costs reasonably incurred by the Executive for the function performed-

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. 1978/1039 (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). Section 2(2) was further amended by section 27(1), and paragraphs 2 and 3 by section 27(2), of the Legislative and Regulatory Reform Act 2006 (C. 51).

[^f00004]: S.I. 1978/1039 (N.I. 9)

[^f00005]: S.I. 1991/755

[^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.), as amended by S.I. 1999/663

[^f00009]: 1929 c. 13 (N.I.); section 4 was amended by S.R. 1992 No. 396, S.I. 1998/2795 (N.I. 18) and S.I. 1999 No. 663

[^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)

[^f00012]: S.R. 2003 No. 35, amended by S.R. 2005 No. 165, S.R. 2006 No. 173 and S.R. 2009 No. 238

[^f00013]: S.R. 1992 No. 2, amended by S.R. 1998 No. 125 and S.R. 1999 No. 150

[^f00014]: S.R. 2001 No. 295, amended by S.R. 2006 No. 524; revoked in part by S.R. 2003 No. 167 and S.R. 2003 No. 510

[^f00015]: S.R. 2007 No. 247, revoked in part by S.R. 2008 No. 21

[^f00016]: S.R. 1997 No. 193, amended by S.R. 1999 No. 150 and S.R. 2009 No. 238

[^f00017]: S.R. 1997 No. 195, amended by S.R. 1999 No. 150 and S.R. 2000 No. 388

[^f00018]: S.R. 2005 No. 150, amended by S.R. 2005 No. 376, S.R. 2005 No. 578, S.R. 2006 No. 261 and S.R. 2007 No. 340; revoked in part by S.R. 2006 No. 261

[^f00019]: S.I. 1987 No. 2197

[^f00020]: S.R 2009 No. 132

[^f00021]: 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, revoked by S.R. 2007 No.247

Editorial notes

[^key-7fd2846bf8c0443cda2a7d7fcac7ccf6]: Words in Sch. 2 substituted (28.5.2012) by The Control of Asbestos Regulations (Northern Ireland) 2012 (S.R. 2012/179), regs. 1, 33(2), Sch. 4 (with reg. 3(5))

[^key-072d09d10f8d91e0c4bb2a2907dbdf0e]: Words in Sch. 4 heading substituted (28.5.2012) by The Control of Asbestos Regulations (Northern Ireland) 2012 (S.R. 2012/179), regs. 1, 33(2), Sch. 4 (with reg. 3(5))

[^key-76b336d7928acc7c5fa8121e868a6921]: Words in reg. 4(4) substituted (28.5.2012) by The Control of Asbestos Regulations (Northern Ireland) 2012 (S.R. 2012/179), regs. 1, 33(2), Sch. 4 (with reg. 3(5))

[^key-b00e2c3ca88fea22ab72b09053aa30f2]: Words in reg. 6 heading substituted (28.5.2012) by The Control of Asbestos Regulations (Northern Ireland) 2012 (S.R. 2012/179), regs. 1, 33(2), Sch. 4 (with reg. 3(5))

[^key-8496f925b7e473902daa21da7c76c6ba]: Words in reg. 6(1) substituted (28.5.2012) by The Control of Asbestos Regulations (Northern Ireland) 2012 (S.R. 2012/179), regs. 1, 33(2), Sch. 4 (with reg. 3(5))

[^key-3ee9d737c279af2b452c39391e08e47b]: Words in reg. 6(3)(5)(7) substituted (28.5.2012) by The Control of Asbestos Regulations (Northern Ireland) 2012 (S.R. 2012/179), regs. 1, 33(2), Sch. 4 (with reg. 3(5))

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