Workers’ safety : New Fee Regulations for Health, Safety and Nuclear [UK]

This is the Health and Safety and Nuclear (Fees) Regulations 2015, these regulations come into force on the 6th April 2015. These regulations revoke and replace the Health and Safety (Fees) Regulations 2012.

Consolidation of amendments made to the Health & Safety Regulation 2012

The new regulations consolidate the following amendments previously made to the Health and Safety (Fees) Regulations 2012 by the following instruments:

• S.I. 2013/1237
• S.I. 2013/1506
• S.I. 2013/1512
• S.I. 2013/1948
• S.I. 2014/469
• S.I. 2014/1637
• S.I. 2014/1638
• S.I. 2014/1639
• S.I. 2014/1663
• S.I. 2014/3248

These Regulations:

• Allow for fees to be paid to the Office for Nuclear Regulation although these fees do not vary from the 2012 Regulations.
• Introduce de minimis provisions in relation to fees made payable by regulation 8(9) in respect of the dose records sent to the HSE.
• Also incorporate fees made payable in respect of biocidal products.
• Are to cease to have effect five years after they come into force.

These Regulations state that they “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 of equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule 1);
• (b)applications under the Freight Containers (Safety Conventions) Regulations 1984 (regulation 4 and Schedule 2);
• (c)applications for approval under the Control of Asbestos Regulations 2012 (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 (regulation 7 and Schedule 5);
• (f)applications under the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (regulation 8 and Schedule 6);
• (g)applications under the Explosives Regulations and the Acetylene Safety (England and Wales and Scotland) Regulations 2014 (regulation 9 and Schedule 7);
• (h)an application under the Petroleum (Consolidation) Regulations 2014 (regulation 10 and Schedule 7);
• (i)applications under Part 9 of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 11 and Schedule 8);
• (j)applications and notifications under the Genetically Modified Organisms (Contained Use) Regulations 2014 (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 (regulation 20 and Schedule 14).”

Regulation 26 of these regulations revokes the fees payable under the Biocidal Products (Fees and Charges) Regulations 2013 and the Health and Safety (Fees) Regulations 2012. Regulation 21 prescribes fees that are payable under Regulation (EU) No 528/2012 of the European Parliament concerning the making available on the market and the use of biocidal products and The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013. The annual charge in previous Regulations is not reproduced in the new Regulations. There are fees for intervention from the functions performed by the Executive if a person is in contravention relevant statutory provisions under Regulations 22 to 24.

• Regulation 25 requires the Secretary of State to review the effect and operation of these Regulations and to publish a report within a three year period of these Regulations coming into force. After this report it will be up to the Secretary of State to determine whether to revoke these regulations early, allow them to continue in force or amend them. Another statutory instrument will be required to do this.
• Provisions of the Biocidal Products Regulations 2001 which continue to apply for the purposes of calculating the fee payable in respect of the evaluation of applications for biocidal product authorisations submitted before 1 September 2013 is set out under Regulation 26(2).

There will an impact assessment and guidance on the application which can be downloaded from www.hse.gov.uk and www.legislation.gov.uk.

Red-on-line EHS Legal expert

Sources: 

The Health and Safety and Nuclear (Fees) Regulations 2015 (S.I. 2015/363) published on 2nd March 2015 on www.legislation.gov.uk.