Explanatory note
England, Wales and Scotland
(This note is not part of the Regulations)
These Regulations update and replace the Health and Safety (Fees) Regulations 2002 (S.I. 2002/655). They fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive, in respect of an application made for—
an approval under mines and quarries legislation (regulation 2 and Schedule 1);
an approval of certain respiratory protective equipment (regulation 3 and Schedule 2);
an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 4 and Schedule 3);
an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 5 and Schedule 4);
a licence under the Asbestos (Licensing) Regulations 1983 and the amendment to, replacement of, and reassessment of an application to grant, such a licence (regulation 6 and Schedule 5);
an approval of dosimetry services for the purposes of the Ionising Radiations Regulations 1999 or the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (regulation 9 and Schedule 8);
an approval, authorisation or licence etc. under the Explosives Act 1875 and certain instruments made thereunder, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, or for the classification of an article, substance, combination or unit load under the Classification and Labelling of Explosives Regulations 1983 (regulation 10 and Schedule 9);
an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 12 and Schedule 10);
an approval under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 14 and Schedule 12);
an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 23 and 25 and Schedule 19);
an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 24 and 25 and Schedule 20);
and in respect of—
a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (regulation 13 and Schedule 11);
a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (regulation 15 and Schedule 13);
a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 17 and Schedule 14);
a notification or application under the Notification of New Substances Regulations 1993 (regulation 18 and Schedule 15).
The 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 7 and 8 and Schedules 6 and 7).
The Regulations fix or determine the fees payable by specified persons in the offshore, rail and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 19 to 22 and Schedules 16 to 18).
Besides the increases for fixed fees which are indicated in the table below, the main changes made by these Regulations are the following.
Fees are now included for the reassessment of whether to grant an application for an asbestos licence and for amendments to, and replacement of lost, asbestos licences (regulation 6 and Schedule 5).
Fees are now included for approval of dosimetry services for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (regulation 9 and Schedule 8).
As regards fees in relation to approvals of training under the Health and Safety (First-Aid) Regulations 1981 and the Offshore Installation and Pipeline Works (First-Aid) Regulations 1989, fees are now included for site-visits to investigate complaints and, in certain circumstances, when site-visits are cancelled (regulation 23 and Schedule 19 and regulation 24 and Schedule 20).
A copy of the regulatory impact assessments prepared in respect of the new charging provisions in relation to asbestos licensing and approvals of dosimetry services for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 can be obtained from the Health and Safety Executive, Economic and Statistical Advice Unit, Rose Court, 2 Southwark Bridge, London, SE1 9HS. Copies of the assessments have been placed in the library of each House of Parliament.
The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows:
| Provision of these Regulations which fixes or determines the fees | Previous Fee | New Fee | Percentage Increase | ||||||
|---|---|---|---|---|---|---|---|---|---|
| Schedule 1 | Original approval | Amendment of approval | Renewal of approval | Original approval | Amendment of approval | Renewal of approval | Original approval | Amendment of approval | Renewal of approval |
| Part I | |||||||||
| Approval of breathing apparatus | £1,880 | £940 | £67 | £1,927 | £964 | £69 | 2.50 | 3.60 | 3.00 |
| Approval of dust respirators | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | – | – | – | ||||
| Approval of explosives | £280 | £195 | £67 | £287 | £200 | £69 | 2.50 | 2.60 | 3.00 |
| Approval of locomotive or other vehicle | £3,670 | £930 | £67 | £3,762 | £953 | £69 | 2.10 | 2.50 | 3.00 |
| Approval of electrical equipment for use in potentially gassy zones | £1,140 | £730 | £67 | £1,169 | £748 | £69 | 2.50 | 2.50 | 3.00 |
| Approval of methanometers | £520 | £320 | £67 | £533 | £328 | £69 | 2.50 | 2.50 | 3.00 |
| Approval of electric safety lamps | £520 | £320 | £67 | £533 | £328 | £69 | 2.50 | 2.50 | 3.00 |
| Approval of other types of apparatus essential for safety | £270 | £270 | £67 | £277 | £277 | £69 | 2.60 | 2.50 | 3.00 |
| Part II | |||||||||
| Ballistic pendulum shot | £135 | £138 | 2.20 | ||||||
| Break test shot | £215 | £220 | 2.30 | ||||||
| Deflagration | £170 | £174 | 2.40 | ||||||
| Detonator test (per 100 shots) | £1,315 | £1,348 | 2.50 | ||||||
| Detonator delay time test (per 100 shots) | £1,040 | £1,066 | 2.50 | ||||||
| Gallery shot | £245 | £251 | 2.40 | ||||||
| Mortar shot | £135 | £138 | 2.20 | ||||||
| Velocity of detonation test (per 3 shots) | £425 | £436 | 2.60 | ||||||
| Part III | |||||||||
| Other testing not fixed in Part II | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | – | ||||||
| Schedule 2 | |||||||||
| Approval of respiratory protective equipment | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | – | ||||||
| Schedule 3 | |||||||||
| Original approval of tractor cab | £400 | £410 | 2.50 | ||||||
| Revision of an existing approval of a tractor cab | £220 | £226 | 2.70 | ||||||
| Schedule 4 | |||||||||
| Approval of scheme or programme for examination of freight containers | £77 | £79 | 2.6 | ||||||
| Schedule 5 | |||||||||
| Table 1 | |||||||||
| Licence for work with asbestos insulation, asbestos coating or asbestos insulating board or renewal of licence | £738 | £886 | 20 | ||||||
| Provision of these Regulations which fixes or determines the fees | Previous Fee | New Fee | Percentage Increase | ||||||
|---|---|---|---|---|---|---|---|---|---|
| Basic | X-Rays | Laboratory tests | Basic | X-Rays | Laboratory tests | Basic | X-Rays | Laboratory tests | |
| Schedule 6 | |||||||||
| The Ionising Radiations Regulations 1999 | |||||||||
(a) where surveillance is confined to examination of, and making entries in, records | £30 | £58 | £34 | £31 | £59 | £35 | 3.30 | 1.70 | 2.90 |
(b) in other cases | £57 | £58 | £34 | £58 | £59 | £35 | 1.80 | 1.70 | 2.90 |
| Control of Asbestos at Work Regulations 2002 | £57 | £58 | £34 | £58 | £59 | £35 | 1.80 | 1.70 | 2.90 |
| Control of Substances Hazardous to Health Regulations 2002 | £57 | £58 | £34 | £58 | £59 | £35 | 1.80 | 1.70 | 2.90 |
| The Work in Compressed Air Regulations 1996 | £57 | £58 | £34 | £58 | £59 | £35 | 1.80 | 1.70 | 2.90 |
| Schedule 7 | |||||||||
| On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment) | £57 | £58 | 1.80 | ||||||
| On each subsequent assessment of an employee – | |||||||||
(i) for laboratory tests where these are carried out | £34 | £35 | 2.9 | ||||||
(ii) for a clinical medical examination where this is carried out | £34 | £35 | 2.9 | ||||||
| Provision of these Regulations which fixes or determines the fees | Previous Fee | New Fee | Percentage Increase | |
|---|---|---|---|---|
| Fee | Hourly rate | |||
| Schedule 8 Table 1 Group 1 | ||||
| Dose record keeping where the application is solely in respect of Group I function | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | £224 plus £103 per hour worked by Nuclear or Specialist Inspector | 19.80 | 19.80 |
| Dose record keeping where the application for Group I functions is linked to an application for approval in another group | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | £224 plus £103 per hour worked by Nuclear or Specialist Inspector | 19.80 | 19.80 |
| Group II | ||||
| External dosimetry | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | £224 plus £103 per hour worked by Nuclear or Specialist Inspector | 19.80 | 19.80 |
| Group III | ||||
| Internal dosimetry | ||||
(a) Bio-assay or in-vivo monitoring or air sampling | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | £224 plus £103 per hour worked by Nuclear or Specialist Inspector | 19.80 | 19.80 |
(b) for each additional technique | £187 plus £86 per hour worked by Nuclear or Specialist Inspector | £224 plus £103 per hour worked by Nuclear or Specialist Inspector | 19.80 | 19.80 |
| Type approval of apparatus under sub-paragraph 1(c)(i) or 1(d)(i) respectively of Schedule 1 to the Ionising Radiations Regulations 1999 | £113 plus £86 per hour worked by Nuclear or Specialist Inspector | £116 plus £103 per hour worked by Nuclear or Specialist Inspector | 2.70 | 19.80 |
| Schedule 9 Part I | ||||
| Factory licence | £516 plus £79 per hour worked by Specialist Inspector | £529 plus £94 per hour worked by Specialist Inspector | 2.50 | 19.00 |
| Magazine licence | £516 plus £79 per hour worked by Specialist Inspector | £529 plus £94 per hour worked by Specialist Inspector | 2.50 | 19.00 |
| Factory amending licence | £372 plus £79 per hour worked by Specialist Inspector | £381 plus £94 per hour worked by Specialist Inspector | 2.40 | 19.00 |
| Magazine amending licence | £372 plus £79 per hour worked by Specialist Inspector | £381 plus £94 per hour worked by Specialist Inspector | 2.40 | 19.00 |
| Replacement of the above licenses if lost | £46 | £47 | 2.20 | – |
| Licence for importation of compressed acetylene | £31 plus £79 per hour worked by Specialist Inspector | £32 plus £94 per hour worked by Specialist Inspector | 3.20 | 19.00 |
| Replacement of the above licence if lost | £31 | £32 | 3.20 | – |
| Amendment to an existing licence | £31 plus £79 per hour worked by Specialist Inspector | £32 plus £94 per hour worked by Specialist Inspector | 3.20 | 19.00 |
| Part II | ||||
| A store licence | £71 | £73 | 2.80 | – |
| Renewal of a store licence | £71 | £73 | 2.80 | – |
| Registration and renewal of registration of premises for the keeping of explosives with a local authority | £13 | £13 | – | – |
| Licence to keep petroleum spirit of a quantity – | ||||
| – not exceeding 2,500 litres | £34 for each year of licence | £35 for each year of licence | 2.90 | – |
| – exceeding 2,500 litres but not exceeding 50,000 litres | £49 for each year of licence | £50 for each year of licence | 2.00 | – |
| – exceeding 50,000 litres | £97 for each year of licence | £99 for each year of licence | 2.10 | – |
| Transfer of petroleum spirit licence | £8 | £8 | – | – |
| Part III | ||||
| Original approval of premises in which acetylene is to be manufactured or kept | £31 plus £79 per hour worked by Specialist Inspector | £32 plus £94 per hour worked by Specialist Inspector | 3.20 | 19.00 |
| Amendment of an approval of premises in which acetylene is to be manufactured or kept | £31 plus £79 per hour worked by Specialist Inspector | £32 plus £94 per hour worked by Specialist Inspector | 3.20 | 19.00 |
| Approval of apparatus in which acetylene is to be manufactured or kept | £31 plus £79 per hour worked by Specialist Inspector | £32 plus £94 per hour worked by Specialist Inspector | 3.20 | 19.00 |
| Part IV | ||||
| Comparison of a porous substance with a sample porous substance | £57 | £58 | 1.80 | – |
| Original approval of premises in which acetylene is compressed | £31 plus £79 per hour worked by Specialist Inspector | £32 plus £94 per hour worked by Specialist Inspector | 3.20 | 19.00 |
| Amendment of an approval of premises in which acetylene is compressed | £31 plus £79 per hour worked by Specialist Inspector | £32 plus £94 per hour worked by Specialist Inspector | 3.20 | 19.00 |
| Part V | ||||
| Classification of an explosive under the Classification and Labelling of Explosives Regulations 1983 or authorisation of an explosive under section 40(9) of the Explosives Act 1875 | £55 per hour worked | £56 per hour worked | 1.80 | – |
| Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967 | £195 plus £79 per hour worked by Specialist Inspector | £200 plus £94 per hour worked by Specialist Inspector | 2.60 | 19.00 |
| Part VI | ||||
| Testing in connection with specified applications in Parts I, III, IV or V | Reasonable cost to the Executive of having the testing carried out | Reasonable cost to the Executive of having the testing carried out | – | – |
| Schedule 10 | ||||
| Grant of an explosives licence or alteration of the terms of an existing explosives licence | £565 plus £79 per hour worked | £579 plus £94 per hour worked | 2.50 | 19.00 |
| Schedule 11 | ||||
| Vocational training certificates under regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 | £3 | £3 | – | – |
| Schedule 12 | ||||
| Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 Approval of training | Reasonable cost to the Secretary of State of having the work carried out | Reasonable cost to the Secretary of State of having the work carried out | – | – |
| For approval of a refresher course under regulation 4(6)(a) | Reasonable cost to the Secretary of State of having the work carried out | Reasonable cost to the Secretary of State of having the work carried out | – | – |
| Fee for renewal of approval | Reasonable cost to the Secretary of State of having the work carried out | Reasonable cost to the Secretary of State of having the work carried out | – | – |
| Schedule 13 | ||||
| Vocational training certificates under regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 | Reasonable cost to the Secretary of State or the person designated by him for the purpose of issuing vocational training certificates of having the work carried out | Reasonable cost to the Secretary of State or the person designated by him for the purpose of issuing vocational training certificates of having the work carried out | – | – |
| Schedule 14 | ||||
| Genetically Modified Organisms (Contained Use) Regulations 2000 | ||||
| Notification of the intention to use premises for the first time for the purpose of undertaking activities involving genetic modification under regulation 9(1) | £240 | £288 | 20.00 | – |
| Notification of an activity involving genetic modification in class 2 under regulation 10(1), except a notification to which paragraph 4(1) or paragraph 5(1) of Schedule 10 applies | £480 | £576 | 20.00 | – |
| 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) | £480 | £576 | 20.00 | – |
| Notification of an activity involving genetic modification in class 3 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies | £520 | £624 | 20.00 | – |
| 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) | £520 | £624 | 20.00 | – |
| Notification of an activity involving genetic modification in class 4 under regulation 11(1), except a notification to which paragraph 4(2) or paragraph 5(2) of Schedule 10 applies | £600 | £720 | 20.00 | – |
| 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) | £600 | £720 | 20.00 | – |
| Notification of an activity involving genetic modification or organisms other than micro-organisms under regulation 12(1) | £480 | £576 | 20.00 | – |
| Notification of the intention to use premises for the first time for the purpose of undertaking 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) | £480 | £576 | 20.00 | – |
| Notification of an additional information under regulation 15(3) | £360 | £432 | 20.00 | – |
| 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) | £360 | £432 | 20.00 | – |
| Schedule 15 | ||||
| Notification of New Substances Regulations 1993 | ||||
| For the evaluation of a notification under regulation 4 (“base set”) | £4,630 | £4,745 | 2.50 | – |
| Additional fee to the fee above for the evaluation of a notification under regulation 4 where there is no adequate risk assessment | £2,220 plus £388.50 VAT | £2,280 plus £399 VAT | 2.70 | – |
| For the evaluation of a notification of a substance already notified | £2,200 | £2,255 | 2.50 | – |
| For the evaluation of a notification under regulation 5(1)(a) (>10 tonnes per year) | £2,430 | £2,490 | 2.50 | – |
| For the evaluation of a notification under regulation 5(1)(b) (>100 tonnes per year) | £4,780 | £4,900 | 2.50 | – |
| For the evaluation of a notification under regulation 5(1)(c) (> 1,000 tonnes per year) | £3,350 | £3,435 | 2.50 | – |
| For a notification under regulation 6 – | ||||
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1)) | £935 | £1,122 | 20.00 | – |
(b) quantity of the new substance up to 100 kg (regulation 6(2)) | £590 | £708 | 20.00 | – |
| Additional fee to the fee above for the evaluation of a notification under regulation 6 where there is no adequate risk assessment – | ||||
(a) quantity of the new substance equal to or more than 100 kg (regulation 6(1)) | £540 plus £94.50 VAT | £550 plus £96.25 VAT | 1.90 | – |
(b) quantity of the new substance up to 100 kg (regulation 6(2)) | £540 plus £94.50 VAT | £550 plus £96.25 VAT | 1.90 | – |
| For an application made by a notifier for an exemption relating to him under regulation 23 | £2,430 | £2,490 | 2.50 | – |
| Schedule 16 | ||||
| Offshore installations | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | – | – |
| Schedule 17 | ||||
| Railway functions | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | – | – |
| Schedule 18 | ||||
| Gas safety functions | Reasonable cost to the Executive of having the work carried out | Reasonable cost to the Executive of having the work carried out | – | – |
| Provision of these Regulations which fixes or determines the fees | Previous Fee | New Fee | Percentage Increase | ||||||
|---|---|---|---|---|---|---|---|---|---|
| Schedule 19 | |||||||||
| Table 1 | Fee for original approval | Fee for an additional site-visit | Fee renewal of approval | Fee for original approval | Fee for an additional site-visit | Fee renewal of approval | |||
| £890 | £320 | £62 | £912 | £328 | £64 | 2.50 | 2.50 | 3.20 | |
| Table 2 | Fee for initial site visit | Fee for any additional site-visit | Fee for initial site visit | Fee for any additional site-visit | |||||
| £355 | £320 | £364 | £328 | 2.50 | 2.50 | ||||
| Provision of these Regulations which fixes or determines the fees | Previous Fee | New Fee | Percentage Increase | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Schedule 20 | ||||||||||||
| Table 1 | Fee for original approval :first-aid | Fee for original approval :medical | Fee for renewal of approval :first-aid | Fee for renewal of approval :medical | Fee for original approval: first-aid | Fee for original approval :medical | Fee for renewal of approval :first-aid | Fee for renewal of approval :medical | ||||
| £890 | £1,305 | £62 | £62 | £912 | £1,358 | £64 | £64 | 2.50 | 4.10 | 3.20 | 3.20 | |
| Table 2 | Fee for additional site-visit: first-aid | Fee for additional site-visit :medical | Fee for additional site-visit: first-aid | Fee for additional site-visit: medical | ||||||||
| £320 | £845 | £328 | £866 | 2.50 | 2.50 | |||||||
| Table 3 | Fee for initial site-visit: first-aid | Fee for initial site-visit: medical | Fee for additional site-visit: first-aid | Fee for additio-nal site-visit: medical | Fee for initial site-visit: first-aid | Fee for initial site-visit: medical | Fee for additional site-visit: first-aid | Fee for additional site-visit: medical | ||||
| £355 | £845 | £320 | £845 | £364 | £866 | £328 | £866 | 2.50 | 2.50 | 2.50 | 2.50 | |