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

These Regulations may be cited as the Health and Safety (Fees) Regulations (Northern Ireland) 2010 and shall come into operation on 1st April 2010.

In these Regulations—

• “the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978;

• “employment medical adviser” means an employment medical adviser appointed under Article 48(3) of the 1978 Order^f1;

• “the Executive” means the Health and Safety Executive for Northern Ireland; and

• “renewal of licence” means the granting of a licence to follow a previous licence of the same kind without any amendment or gap in time.

The Interpretation Act (Northern Ireland) 1954^f2 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 2.

The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when the surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination or surveillance.

For the purposes of paragraph (2), in the case of an examination or surveillance carried out for the purposes of a provision specified in column 1 of Schedule 2—

Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of F2 the Control of Asbestos Regulations (Northern Ireland) 2012 , that self-employed person shall pay to the Executive fees ascertained in accordance with paragraphs (2) and (3).

Fees shall be payable in accordance with paragraph (2) by an employer to the Executive in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations (Northern Ireland) 2003^f1.

The fee payable for each item described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.

A fee shall be payable by the applicant to the Executive on each application for a licence under F2 the Control of Asbestos Regulations (Northern Ireland) 2012 (“the 2012 Regulations”) (“the 2007 Regulations”).

The fee payable on application for a licence described in column 1 of Table 1 in Schedule 4 shall be that specified in column 2 of that Table.

Where the Executive refuses to grant an applicant a licence under the F3 the 2012 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.

The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 in Schedule 4.

Where the Executive amends a licence granted under the the 2012 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.

The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 in Schedule 4.

Where the Executive replaces a lost licence granted under the the 2012 Regulations or amends a licence granted under those Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.

The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 4.

A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of containers under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992^f1.

The fee payable on application for the approval described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.

The fee specified in column 2 of Schedule 6 shall be payable by a notifier to the competent authority on each such notification or application under the 2001 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.

No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2001 Regulations or a notifier withdraws his notification pursuant to regulation 15(7) of the 2001 Regulations.

In this regulation, “the 2001 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001^f1 and “competent authority” has the same meaning as in those Regulations.

A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 7 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.

A fee shall be payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2007 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1978 Order which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following—

In this regulation, regulation 11 and Schedule 7, “the 2007 Regulations” means the Offshore Installations (Safety Case) Regulations (Northern Ireland) 2007^f1 and “installation”, “current safety case”, “safety case”, “operator” and “owner” have the same meanings as in the 2007 Regulations.

A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 8 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.

A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1997 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1978 Order which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following—

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.

A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1997 Regulations and a major accident prevention document pursuant to the Pipelines Safety Regulations (Northern Ireland) 1997^f1 for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1978 Order which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following—

For the purposes of this regulation, regulation 11 and Schedule 8, “the 1997 Regulations” means the Gas Safety (Management) Regulations (Northern Ireland) 1997^f2, “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1997 Regulations and “major accident hazard pipeline” has the same meaning as in the Pipelines Safety Regulations (Northern Ireland) 1997.

The fees referred to in regulations 9 and 10 shall—

Any fees payable under regulations 9 and 10 shall not include any costs connected with any—

For the purposes of regulation 9 and paragraph (2)(a), an installation shall be treated as being in Northern Ireland if it is in the Northern Irish area within the meaning of Article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987^f2.

Any reference in regulation 9 to a person who has prepared a current safety case includes a reference to—

Any reference in regulation 10 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.

Any reference in regulations 9 and 10 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.

Any reference in regulations 9 and 10 to a function conferred on an inspector by the 1978 Order which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Order which is exercised for the purpose of carrying into effect those provisions in relation to that person.

Subject to paragraphs (2) and (3), the Health and Safety (Fees) Regulations (Northern Ireland) 2009 ^f1 are revoked.

The Regulations referred to in paragraph (1) shall continue to apply in relation to any medical examination or medical surveillance carried out before 1st April 2010 as if these Regulations had not been made.

The amendments made by regulation 12 of the Health and Safety (Fees) Regulations (Northern Ireland) 2009 shall continue to have effect as if paragraph (1) had not been made.

These 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—

and in respect of—

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 4 and 5 and Schedules 2 and 3).

The 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).

The 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).

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

An 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.

The new fees compared with those fixed by or determined under the previous fee-charging provisions are as follows: