The Health and Safety and Nuclear (Fees) Regulations 2022

1 (Function)	2 (Person by whom the fee is payable)
Assessing a design notification (sent to the Executive pursuant to regulation 6(1) or 9(1) of the 2005 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 2005 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 2005 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 revision to a current safety case which is proposed to be sent to the Executive pursuant to any provision of the 2005 Regulations	The operator or owner who has requested that advice
Assessing whether to grant an exemption pursuant to regulation 23 of the 2005 Regulations and granting any such exemption	The operator or owner who has requested the exemption
Assessing a design notification (sent to the competent authority pursuant to regulation 15(1) or 19(1) of the 2015 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 competent authority pursuant to that provision
Assessing a relocation notification (sent to the competent authority pursuant to regulation 15(3) of the 2015 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 competent authority pursuant to that provision
Assessing a safety case or a revision to a current safety case (sent to the competent authority pursuant to any provision of the 2015 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 competent authority 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 competent authority pursuant to any provision of the 2015 Regulations	The operator or owner who has requested that advice
Assessing whether to grant an exemption pursuant to regulation 35 of the 2015 Regulations and granting any such exemption	The operator or owner who has requested the exemption

SCHEDULE 11 — Fees payable in respect of gas safety functions

1 (Function)	2 (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 1996 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 , the network emergency co-ordinator or the emergency reporting service provider 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 1996 Regulations	The person conveying gas, the person intending to convey gas , the network emergency co-ordinator or the emergency reporting service provider who has requested that advice
Assessing whether to grant an exemption pursuant to regulation 11 of the 1996 Regulations	The operator or owner who has requested the exemption

SCHEDULE 12 — Fees payable in relation to nuclear assessments, design proposals and potential nuclear site applications under section 1(1) of the 1965 Act

1 (Statutory provision(s))	2 (Purpose of the work)	3 (Person by whom the fee is payable)
(a) Section 78 of the 2013 Act	Preparing an assessment agreement	The person who has requested the assessment of the design proposal
(b) Section 78 of the 2013 Act and sections 1(1) and 3 of the 1965 Act	Assessing a design proposal
1 (Statutory provision(s))	2 (Purpose of the work)	3 (Person by whom the fee is payable)
---	---	---
Section 78 of the 2013 Act and sections 1(3) and 3 of the 1965 Act	Providing advice to a potential applicant for a licence under section 1(1) of the 1965 Act on any matter relating to a potential application for a licence	The person who has requested the advice

SCHEDULE 13 — Fees for applications for approvals under the Offshore Installations and Pipelines Works (First-Aid) Regulations 1989

1 (Fee for an original approval of offshore first-aid training)	2 (Fee for an original approval of offshore medical training)	3 (Fee for renewal of approval of offshore first-aid training)	4 (Fee for renewal of approval of offshore medical training)
£1,928	£2,655	£134	£134
1 (Fee for an additional site visit relating to offshore first-aid training)	2 (Fee for additional site visit relating to offshore medical training)
---	---
£644	£1,520
1 (Fee for an initial site visit relating to offshore first-aid training)	2 (Fee for an initial site visit relating to offshore medical training)	3 (Fee for any additional site visit relating to offshore first-aid training)	4 (Fee for any additional site visit relating to offshore medical training)
---	---	---	---
£655	£1,520	£644	£1,520
1 (Fee for a site visit to investigate a complaint relating to offshore first-aid training)	2 (Fee for a site visit to investigate a complaint relating to offshore medical training)	3 (Fee for a cancelled site visit relating to offshore first-aid training)	4 (Fee for a cancelled site visit relating to offshore medical training)
---	---	---	---
£655	£1,520	£655	The reasonable cost to the Executive due to the cancellation

SCHEDULE 14 — Fees for notifications under the Borehole Sites and Operations Regulations 1995

1 (Function)	2 (Person by whom fee is payable)
Assessing a notification sent to the Executive pursuant to regulation 6(1) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator of a borehole site
Assessing a notification sent to the Executive pursuant to regulation 6(2) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator of a borehole site
Assessing a notification sent to the Executive pursuant to regulation 6(3) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The person entitled to drill the borehole
Assessing a notification sent to the Executive pursuant to regulation 6(4) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator of a borehole site
Assessing a notification sent to the Executive pursuant to regulation 6(5) of the 1995 Regulations for the purpose of deciding whether to raise matters relating to health and safety and raising such matters	The operator of a borehole site or, in the case of particulars previously notified under regulation 6(3) of the 1995 Regulations, the person entitled to drill the borehole

SCHEDULE 15 — Fees payable for work in connection with biocides

1 (Activity)	2 (Fee per person per day worked)
(a) Validation of an application for approval of an active substance	£509
(b) Evaluation of an application to approve an active substance	£509
(c) Evaluation of an application to renew an active substance approval	£509
(d) Validation of an application to amend the conditions of approval of an active substance	£499
(e) Evaluation of an application to amend the conditions of approval of an active substance	£499
(f) Work relating to a request for inclusion of an active substance in the Simplified Active Substance List made on behalf of an economic operator	£509
(g) Validation of an application to amend the conditions of inclusion of an active substance in the Simplified Active Substance List	£499
(h) Evaluation of an application to amend the conditions of inclusion of an active substance in the Simplified Active Substance List	£499
(i) Meetings with applicants and prospective applicants	£509
(j) Evaluation of an application to authorise a biocidal product under the simplified procedure	£448
(k) Validation of an application for a national authorisation of a biocidal product	£448
(l) Evaluation of an application for a national authorisation of a biocidal product	£448
(m) Evaluation of an application to renew a national authorisation of a biocidal product	£448
(n) Determination of an application to amend an existing biocidal product	£448
(o) Evaluation of an application for an emergency use permit	£448
(p) Assessment of an application to be included in the list of suppliers maintained under Article 95 of the Biocides Regulation	£499
(q) Determination of a request that information on an active substance or product is not made publicly available	£499
(r) Determination of the classification of a proposed change to an authorised product in accordance with Regulation 354/2013	£499
(s) Determination of an application to be a participant for the review of an active substance/product-type combination under Article 17 of Regulation 1062/2014	£499
(t) Assessment of technical equivalence	£499
(u) Evaluation of an application under regulation 13 of the 2013 Biocidal Products and Chemicals Regulations	£448

SCHEDULE 16 — Fees payable for activities under the CLP Regulation

1 (Activity)	2 (Person by whom fee is payable)	3 (Fee per person per day worked)
Consideration of a proposal submitted under sub paragraph (1) of paragraph 3 of Article 37A	Person submitting the application	£499

Signed

Signed by authority of the Secretary of State

Mims Davies — Parliamentary Under Secretary of State — Department for Work and Pensions — 19th December 2022

We consent

Amanda Solloway — Scott Mann — Two of the Lords Commissioners of His Majesty’s Treasury — 19th December 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations revoke and replace the Health and Safety and Nuclear (Fees) Regulations 2021 (S.I. 2021/33) (“the 2021 Regulations”).

The Regulations fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive, in respect of—

• (a) an application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 1);

• (b) applications under the Freight Containers (Safety Convention) Regulations 2017 (S.I. 2017/325) (regulation 4 and Schedule 2);

• (c) applications for approval under the Control of Asbestos Regulations 2012 (S.I. 2012/632) (regulation 5 and Schedule 3);

• (d) examination or surveillance by an employment medical adviser (regulation 6 and Schedule 4);

• (e) medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002 (S.I. 2002/2676) (regulation 7 and Schedule 5);

• (f) applications under the Ionising Radiations Regulations 2017 (S.I. 2017/1075) and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 (S.I. 2019/703) (regulation 8 and Schedule 6);

• (g) applications under the Explosives Regulations 2014 (S.I. 2014/1638) and the Acetylene Safety (England and Wales and Scotland) Regulations 2014 (S.I. 2014/1639) (regulation 9 and Schedule 7);

• (h) an application under the Petroleum (Consolidation) Regulations 2014 (S.I. 2014/1637) (regulation 10 and Schedule 7);

• (i) applications under Part 9 of the Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721) (regulation 11 and Schedule 8);

• (j) applications and notifications under the Genetically Modified Organisms (Contained Use) Regulations 2014 (S.I. 2014/1663) (regulation 13 and Schedule 9);

• (k) offshore installations (regulation 14 and Schedule 10);

• (l) gas safety functions (regulation 15 and Schedule 11);

• (m) nuclear installations (regulation 16 and Schedule 12);

• (n) offshore first-aid and medical training (regulation 18 and Schedule 13); and

• (o) notifications under the Borehole Sites and Operations Regulations 1995 (S.I. 1995/2038) (regulation 20 and Schedule 14).

Under regulation 21 and Schedule 15, fees are prescribed that are payable for work carried out under—

• (a) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (EUR 2012/528) (“the Biocides Regulation”);

• (b) the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506);

• (c) Commission Implementing Regulation (EU) No 354/2013 of 18 April 2013 on changes of biocidal products authorised in accordance with the Biocides Regulation (EUR 2013/354); and

• (d) Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in the Biocides Regulation (EUR 2014/1062).

Under regulation 22 and Schedule 16, fees are prescribed that are payable under Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (EUR 2008/1072), in connection with proposals submitted under Article 37A(3)(1) of that Regulation.

Under regulations 23 to 25, fees are payable in respect of functions performed by the Executive if a person is in contravention of the relevant statutory provisions (“fees for intervention”).

Regulation 26 requires the Secretary of State to review the operation and effect of these Regulations and to publish a report within five years of the Regulations coming into effect.

Regulation 27 revokes the 2021 Regulations and regulation 14 of the Chemicals (Health and Safety) Trade and Miscellaneous Amendments Regulations 2022 (S.I. 2022/1037).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 1974 c. 37. Section 43 was amended by paragraph 12 of Schedule 15, and Schedule 18, to the Employment Protection Act 1975 (c. 71) and by S.I. 2002/794 and 2008/960. Section 82 has been amended, but no amendments are relevant to these Regulations.

[^f00002]: 2013. c. 32. Section 113 has been amended, but no amendments are relevant to these Regulations.

[^f00003]: 2018 c. 16. Amendments have been made to this Act, but no amendments are relevant to these Regulations.

[^f00004]: Section 11 was substituted by S.I. 2008/960 and amended by paragraph 2 of Schedule 12 to the Energy Act 2013, by section 1 of the Deregulation Act 2015 (c. 20) and by paragraph 2 of Schedule 1 to the Building Safety Act 2022 (c. 30).

[^f00005]: S.I. 2013/240.

[^f00006]: S.I. 2012/632. This instrument was amended by S.I. 2014/469. Other amending instruments have been made, but none is relevant to these Regulations.

[^f00007]: S.I. 2013/1506. This instrument was amended by S.I. 2019/720 and 2020/1567. Other amending instruments have been made, but none is relevant to these Regulations.

[^f00008]: S.I. 2014/1663. There are amendments to this instrument, but none is relevant to these Regulations.

[^f00009]: S.I. 2017/1075. This instrument was amended by S.I. 2019/703. Other amending instruments have been made, but none is relevant to these Regulations.

[^f00010]: Section 56 has been amended, but the amendment is not relevant to these Regulations.

[^f00011]: The Office for Nuclear Regulation was established by section 77 of the Energy Act 2013.

[^f00012]: S.I. 1974/2034. This instrument was amended by S.I. 1976/1247, 1981/1414 and 1990/1075.

[^f00013]: S.I. 2017/325.

[^f00014]: S.I. 2002/2676. This instrument has been amended by S.I. 2008/960, 2014/469 and 2018/390. Other amending instruments have been made, but none is relevant to these Regulations.

[^f00015]: S.I. 1999/3232. Amending instruments are S.I. 2001/2626, 2001/2975, 2008/960, 2010/675, 2011/1043, 2014/469, 2014/3248 and 2016/1154. Subject to savings, these Regulations were revoked by S.I. 2017/1075.

[^f00016]: S.I. 2019/703. There are amending instruments, but none is relevant to these Regulations.

[^f00023]: S.I. 2014/1637. This instrument was amended by S.I. 2015/483.

[^f00025]: S.I. 2005/3117. This instrument was amended by S.I. 2009/229, 2015/398 and 2016/912. Other amendments have been made, but none is relevant to these Regulations.

[^f00026]: S.I. 2015/398. There are amendments to this instrument, but none are relevant to these Regulations.

[^f00027]: The definition of “competent authority” is in regulation 2(1) of the 2015 Regulations.

[^f00028]: “Current safety case”, “installation” and “owner” are defined in regulation 2(1) of the 2005 Regulations. “Safety case” has the meaning given in regulation 2(2) of those Regulations.

[^f00029]: “Current safety case”, “installation” and “owner” are defined in regulation 2(1) of the 2015 Regulations. “Safety case” has the meaning given in regulation 2(2) of those Regulations.

[^f00030]: “Operator” is defined in regulation 2(1) of the 2015 Regulations.

[^f00031]: S.I. 1996/825. There are amendments to this instrument, but none are relevant to these Regulations.

[^f00032]: S.I. 1996/551. There are amendments to this instrument, but none are relevant to these Regulations.

[^f00034]: 1965 c. 57. Section 1 was substituted by paragraph 17 of Schedule 12 to the Energy Act 2013 (“the 2013 Act”). Section 3 was substituted by paragraph 18 of Schedule 12 to the 2013 Act, and amended by S.I. 2016/1154 and S.S.I. 2018/219. There are other amendments to the 1965 Act, but none is relevant to these Regulations.

[^f00035]: Section 82 has been amended by paragraph 4 of the Schedule to the Nuclear Safeguards Act 2018 (c. 15) (“the 2018 Act”) and S.I. 2016/562.

[^f00036]: 2000 c. 5.

[^f00037]: “Nuclear safeguards regulations” is defined in section 112 of the Energy Act 2013. That definition was inserted by section 1(3)(a) of the 2018 Act.

[^f00038]: S.I. 2013/1237. This instrument was amended by S.I. 2014/468. Other amending instruments have been made, but none are relevant to these Regulations.

[^f00039]: S.I. 1987/2197.

[^f00040]: S.I. 1989/1671. Regulation 5 was amended by S.I. 1993/1823 and 2015/398.

[^f00044]: EUR 2012/528.

[^f00045]: EUR 2013/354.

[^f00046]: EUR 2014/1062.

[^f00047]: EUR 2008/1272.

[^f00048]: A copy of HSE 47 – Guidance on the application of Fee for Intervention can be obtained from https://www.hse.gov.uk/pubns/hse47.htm, or in hard copy from the Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS.

[^f00049]: S.I. 2013/1237. There are amendments to this instrument, but none are relevant to these Regulations.

[^f00050]: S.I. 2002/2677. There are amendments to this instrument, but none is relevant to these Regulations.

[^f00051]: S.I. 2015/483. There are amendments to this instrument, but none is relevant to these Regulations.

[^f00052]: S.I. 2009/716. There are amendments to this instrument, but none is relevant to these Regulations.

[^f00053]: 2015 c. 26. Section 30 was amended by section 19 of the Enterprise Act 2016 (c. 12) and paragraph 36 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16).

[^f00054]: S.I. 2021/33, as amended by S.I. 2022/1037.

[^f00055]: S.I. 2022/1037.

Editorial notes

[^key-012bcfa1a32ec26e7cf47f21eb68cc2b]: Reg. 15 in force at 21.12.2022, see reg. 1(1)

[^key-04a4fddae7aa49789179764b8dc17ecd]: Reg. 28 in force at 21.12.2022, see reg. 1(1)

[^key-052d0b2190ff564fb1ea2e486353933a]: Sum in Sch. 5 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-055d307a89975e583f68e00a2a5fab9c]: Sum in Sch. 4 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-058f6de10d42e9d64e25e553bfa45d82]: Words in reg. 17(1) inserted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 13(b)(i) (with reg. 1(3))

[^key-0c42ceb3d640f8439189446a1618fbe3]: Words in Sch. 9 substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 15(b)

[^key-10af63e35ad53bb8ec977eb20421b52c]: Reg. 22 in force at 21.12.2022, see reg. 1(1)

[^key-10e2b48e39206caba655aa2f3ef12bd7]: Reg. 21 in force at 21.12.2022, see reg. 1(1)

[^key-15786f2048ab68adbd3292c33b60981c]: Sum in Sch. 16 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-16ed52e416935c934bafe3e4f6183324]: Sums in Sch. 3 Table 2 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-1784eb32a60402825545440b81a8f748]: Reg. 16 in force at 21.12.2022, see reg. 1(1)

[^key-17d8a4732762564ba6293b6677c6b26c]: Reg. 17 in force at 21.12.2022, see reg. 1(1)

[^key-19afa9f61e3b7c6a16a003a7f43f3cae]: Sch. 7 Pt. 2 in force at 21.12.2022, see reg. 1(1)

[^key-1e6e782101e13c5c79c9578284851ca6]: Words in reg. 15(2) substituted (6.4.2023) by The Gas Safety (Management) (Amendment) Regulations 2023 (S.I. 2023/284), regs. 1(3), 15(2)(a)

[^key-1f19a39ca9911ab63ffba7ae752f7c0b]: Sum in Reg. 19 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 15 (with reg. 1(3))

[^key-20d6f2ddccffc9a3a83ccba3015148f8]: Sch. 13 in force at 21.12.2022, see reg. 1(1)

[^key-22e777944172639a8ec6c6c2585632c7]: Reg. 4 in force at 21.12.2022, see reg. 1(1)

[^key-254ff9ec43c5130ba222939dac18f9b6]: Sch. 11 in force at 21.12.2022, see reg. 1(1)

[^key-25b60813e37caeb0ae0c12486ec4c5ce]: Reg. 10 in force at 21.12.2022, see reg. 1(1)

[^key-25c24182033c9dd5457005d42945f3bb]: Reg. 5 in force at 21.12.2022, see reg. 1(1)

[^key-26c898763d9c1944db9b5dca39430a5a]: Reg. 17(1)(a)(ia) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 4(b)(ii) (with reg. 1(4)(5))

[^key-27e81b6c256e784122f9d1386e2886b1]: Sch. 8 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 8 (with reg. 1(3))

[^key-32a92ebba9e8abd691b6b18696eb6b8f]: Reg. 11 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 7 (with reg. 1(3))

[^key-364c3466ccccd9a5987913b3fcb9f1e9]: Words in Sch. 11 substituted (6.4.2023) by The Gas Safety (Management) (Amendment) Regulations 2023 (S.I. 2023/284), regs. 1(3), 15(3)

[^key-386a3ad67f45e909b40bc3ef150f883a]: Sch. 7 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 6 (with reg. 1(3))

[^key-396c078a810fb80cfc4fe6ae408f4d31]: Sums in Sch. 1 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-3fde76fb5c848b63dc4a0789bc0d8379]: Sch. 16 in force at 21.12.2022, see reg. 1(1)

[^key-3fefb64bb948cf3d90fa8a4c2239d4ba]: Sum in Sch. 6 Table 3 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-41162f30b0408f2bb08921ebfa658f2e]: Reg. 12 in force at 21.12.2022, see reg. 1(1)

[^key-455dff11b485b0f323249e73ec852f2c]: Reg. 3 in force at 21.12.2022, see reg. 1(1)

[^key-473afb26dd42b476552a338c22b4466c]: Reg. 18 in force at 21.12.2022, see reg. 1(1)

[^key-524a39a4d08640ccdbdae899e154a077]: Sch. 12 in force at 21.12.2022, see reg. 1(1)

[^key-57f412a31c4fee91d6bb967244e9d3e3]: Words in reg. 17(2) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 4(c) (with reg. 1(4)(5))

[^key-59064a1873a56fb68870f17ffa421c71]: Reg. 23 in force at 21.12.2022, see reg. 1(1)

[^key-59a949a0a03fa4fbb7c50a3c3063e899]: Reg. 6 in force at 21.12.2022, see reg. 1(1)

[^key-5a2673d647de7ca96b915dd63100a2f6]: Words in reg. 8(6) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 3(4) (with reg. 1(4)(5))

[^key-5aac1f9f9a2fe1548c2ec3cebc57d450]: Sch. 9 in force at 21.12.2022, see reg. 1(1)

[^key-5b922f078e2c547a3d6a5a1bb3a445eb]: Words in Sch. 6 Table 1 inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 5

[^key-5bcd0a1a8b4deb750da41b51ebd4f9e0]: Sum in Sch. 13 Table 4 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-5c4f6400b235960563a9b67662c1f8ec]: Sch. 7 Pt. 4 in force at 21.12.2022, see reg. 1(1)

[^key-5fbbf792ec394d121b612fb2ae903497]: Words in reg. 17 heading inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 4(a) (with reg. 1(4)(5))

[^key-6210bb217ce2619183bf8c0bcba79eaa]: Words in reg. 8(11) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 3(5) (with reg. 1(4)(5))

[^key-621cd91f1a1f1006a6951f5f975b4999]: Word in Sch. 4 inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 14

[^key-66a334eebdb4485d95aae033e51378a9]: Sum in Sch. 13 Table 3 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-66b063e979c8d35ed1d137eb6a23deab]: Reg. 8(3A) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 3(3) (with reg. 1(4)(5))

[^key-693370be6bf7259edb835bbee41d2a81]: Reg. 20 in force at 21.12.2022, see reg. 1(1)

[^key-6c70b90a38bc35b317db8a43c3a9e1cb]: Sum in Sch. 3 Table 1 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-733334f3dc94b443fce3c0adfaabd041]: Words in reg. 17(1) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 4(b)(i) (with reg. 1(4)(5))

[^key-74cd3c8e9bcf30ec10f1c99ac9802095]: Sum in Reg. 18 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 14 (with reg. 1(3))

[^key-74eb676db72860a9e2d301aef2f132a4]: Reg. 13 in force at 21.12.2022, see reg. 1(1)

[^key-772cc90d255958879b5ff822f9de7ea0]: Reg. 9 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 4 (with reg. 1(3))

[^key-77f9b55b1d9b224c24993127436bcda4]: Reg. 1 in force at 21.12.2022, see reg. 1(1)

[^key-7b6b3abb420863bd03ffd2a8ef450765]: Word in reg. 18(7)(b) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 13(b)

[^key-7e6fb15376171034186bfd5f7b8da01f]: Sch. 4 in force at 21.12.2022, see reg. 1(1)

[^key-8590c802f2fe64f34a258ba218010393]: Sum in Sch. 13 Table 2 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-85b2c0726f7c0f1033e55ef3470a7e5f]: Words in reg. 10 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 5 (with reg. 1(3))

[^key-8787d2ba1b8de6013a0d341e574039a1]: Words in Sch. 14 shoulder note substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 11 (with reg. 1(3))

[^key-8f6ee2674a9466e9dd29ecdfd245de9a]: Reg. 17(9) substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 13(f) (with reg. 1(3))

[^key-8fe02138ccb40c1bdca5f28f945c329a]: Sum in Sch. 6 Table 1 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-92007d3ff616d45a79b8a93df38ed485]: Reg. 8 in force at 21.12.2022, see reg. 1(1)

[^key-926f029a344bb88233816e4dc482601d]: Sch. 3 in force at 21.12.2022, see reg. 1(1)

[^key-934b5e604f56d8fbf6237616521dc4b9]: Sch. 6 in force at 21.12.2022, see reg. 1(1)

[^key-97f89b1d5b8c0150164843299721c9a0]: Word in reg. 18(6)(b) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 13(a)

[^key-989524d5af8c398249273bfcf7f8129e]: Reg. 7 in force at 21.12.2022, see reg. 1(1)

[^key-9b780667cabe92445c4c7dfae94045c0]: Reg. 12(1A)(1B) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 7

[^key-9cdeb9d4ee2837010c61312d4f960dc3]: Sch. 1 in force at 21.12.2022, see reg. 1(1)

[^key-a242be020c5501167d6a8ece7b7b40ec]: Sch. 14 in force at 21.12.2022, see reg. 1(1)

[^key-a3a394ded3b3b10b9020e14ff27f69d2]: Sch. 7 Pt. 5 in force at 21.12.2022, see reg. 1(1)

[^key-a44721d909a729c5a8c6a546209509e7]: Reg. 26 in force at 21.12.2022, see reg. 1(1)

[^key-a6c70827cce967bb6eeced5a84be4f47]: Sch. 7 Pt. 1 in force at 21.12.2022, see reg. 1(1)

[^key-a8cac33615489b74f050fa0ffac591a6]: Reg. 2 in force at 21.12.2022, see reg. 1(1)

[^key-aadfaa73c5752a174071d2e2b67ea2ed]: Reg. 17(1)(b) and word omitted (1.4.2024) by virtue of The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 13(b)(iii) (with reg. 1(3))

[^key-aeaa4c036c0f60c29a3e6ac18472a45c]: Sum in Sch. 4 table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), reg. 1(1), Sch. table

[^key-b2409a57adb36fbe9b240d6fe8f00e73]: Sch. 15 in force at 21.12.2022, see reg. 1(1)

[^key-b368d74ed84a936cd8411dc4442c80b0]: Words in reg. 8(2) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 3(2)(b) (with reg. 1(4)(5))

[^key-b395233ec51dc858a6e58ec73f28f641]: Words in Sch. 9 substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 15(a)

[^key-b48e4767f709ae043fe2b48b39801868]: Words in reg. 17(7) inserted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 13(e) (with reg. 1(3))

[^key-b594518a8da4881d67c55c92744898c7]: Reg. 27 in force at 21.12.2022, see reg. 1(1)

[^key-b8e7fb7837e17d51567c46f3c0cca4fc]: Sum in Sch. 9 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-b9ad0ee2313e9614e413745ae7a87b87]: Sch. 2 in force at 21.12.2022, see reg. 1(1)

[^key-b9bdcd9a9644eeaabb698ea8d625c870]: Words in reg. 15(4) substituted (6.4.2023) by The Gas Safety (Management) (Amendment) Regulations 2023 (S.I. 2023/284), regs. 1(3), 15(2)(b)

[^key-bc045c68bddb99ef0d889946976db6da]: Sum in Sch. 13 Table 1 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-c0b35491bdba2e4b61ae873fcd81b2a4]: Reg. 14 in force at 21.12.2022, see reg. 1(1)

[^key-c7c787e600843edf0a9e6235436cf580]: Reg. 19 in force at 21.12.2022, see reg. 1(1)

[^key-c98003a553d4d6854fe111524844dc57]: Reg. 14A inserted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 9 (with reg. 1(3))

[^key-c9cb3e918eb8795bbb9eab019d7fc671]: Sch. 10 in force at 21.12.2022, see reg. 1(1)

[^key-ce6fcb293e98268f84ff986b62219c0e]: Sch. 7 Pt. 3 in force at 21.12.2022, see reg. 1(1)

[^key-d29be6ffe59d44f495a046662d692754]: Sch. 8 in force at 21.12.2022, see reg. 1(1)

[^key-d408d79b424bb0e3c76265d3f9972bee]: Sum in Reg. 8(10) substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 3 (with reg. 1(3))

[^key-d58d4535f15b75d5987fede4919ecec5]: Word in reg. 17 heading inserted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 13(a) (with reg. 1(3))

[^key-d726428ce0f0db4928de77d1106a2277]: Regs. 15A-15C inserted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 12 (with reg. 1(3))

[^key-d7f615c75099be612f5b76fe32014882]: Reg. 20 omitted (1.4.2024) by virtue of The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 10 (with reg. 1(3))

[^key-da432579648aa6d03aa9cc47013d8000]: Sum in Sch. 6 Table 2 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-dc36802bb3caf356f192d5e6e1e5abc8]: Sum in Sch. 15 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-dc95ad2e5299087e25ecf4b3aa1f354d]: Sum in Sch. 2 substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), reg. 1(1), Sch. (with reg. 1(3))

[^key-e2887db8b8aa75f0c7c30059e4428455]: Words in reg. 17(1)(a)(ii) substituted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 13(b)(ii) (with reg. 1(3))

[^key-e303eebff6f608322476de03b4369905]: Words in reg. 17(2) inserted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 13(c) (with reg. 1(3))

[^key-e60073e4dc35abe4cbda13d0270a4471]: Reg. 9 in force at 21.12.2022, see reg. 1(1)

[^key-e660da685178a35a6631469f0313a70f]: Reg. 24 in force at 21.12.2022, see reg. 1(1)

[^key-e823ae317252ba8f3abad715861a43e2]: Words in reg. 4(2) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 12

[^key-e962272f4a6be19d9fb1381c28cce2b0]: Sch. 5 in force at 21.12.2022, see reg. 1(1)

[^key-ea932ed37b06b245e4bfb7e7ff3bd4fe]: Words in reg. 8(2) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Health and Safety and Nuclear (Fees) (Amendment) Regulations 2023 (S.I. 2023/247), regs. 1(1), 3(2)(a) (with reg. 1(4)(5))

[^key-ebc742a062b7571d5b1a2c1aa80a747f]: Reg. 17(2A)(2B) inserted (1.4.2024) by The Health and Safety and Nuclear (Fees) (Amendment) and Gas Safety (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/322), regs. 1(1), 13(d) (with reg. 1(3))

[^key-ee508f9c50e061290123293e1a055669]: Reg. 25 in force at 21.12.2022, see reg. 1(1)

[^key-fc864ad4d9a475d5d539296c1e43837e]: Reg. 11 in force at 21.12.2022, see reg. 1(1)

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.