
1 

(1) These Regulations may be cited as the Health and Safety(Fees) Regulations 1995 and shall come into force on 3rd November 1995.
(2) In these Regulations, unless the context otherwise requires—
 “approval” includes the amendment of an approval, and “amendment of an approval”includes the issue of a new approval replacing the original incorporating an amendment;
 “employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
 “the Executive” means the Health and Safety Executive;
 “the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
(a) mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954
(b) tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969;
 and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971(Repeals and Modifications) Regulations 1974 or are health and safety regulations);
 “original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
 “renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
 “respiratory protective equipment” includes any respirator and any breathing apparatus.
(3) Unless the context otherwise requires, any reference in these Regulations to—
(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
2 

(1) A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
(2) The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as an amount per hour worked, the fee so calculated shall be payable prior to the notification of the result of the application.
(3) Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
(a) in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
(b) in any other case, the fee shall be determined under Part III of Schedule 1.
3 

(1) A fee shall be payable by the applicant to the Executive on each application for approval of respiratory protective equipment—
(a) under the Factories Act 1961, or any regulations made or having effect as if made under that Act;
(b) under the Control of Lead at Work Regulations 1980;
(c) under the Ionising Radiations Regulations 1985;
(d) under the Control of Asbestos at Work Regulations 198;7 and
(e) under the Control of Substances Hazardous to Health Regulations 1994..
(2) The fee payable on application for approval of respiratory protective equipment shall be that specified in column 2 of Schedule 2 and the fee so calculated shall be payable prior to the notification of the result of the application for approval.
(3) For the purposes of Schedule 2, the number of hours worked shall include time spent by the Executive’s staff carrying out any testing to determine whether approval can be granted.
4 

(1) A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974.
(2) The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
5 

(1) A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984.
(2) The fee payable on application for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
6 

(1) A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing)Regulations 1983.
(2) The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
7 

(1) 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 6.
(2) The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when 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; and for each provision specified in column 1 of Schedule 6 —
(a) the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
(b) the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
(c) the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
(3) Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
8 

(1) A fee shall be payable to the Executive by an employer 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 1980.
(2) The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
9 

(1) A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services or for the reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiations Regulations 1985.
(2) A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
(3) The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule.
(4) A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (2) and the fee for work in connection with each such matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 3 of that Schedule for each hour or part of an hour worked.
(5) Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation,a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
(6) Any fee payable under paragraph (4) or (5) shall be payable prior to notification of the result of the application.
10 

(1) Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
(2) The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
(3) A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part I of Schedule 9 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
(4) A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of each of Parts III, IV, and V of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 in the respective part.
(5) A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
(6) A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.
(7) Where the Executive requires an inspection of premises to be carried out in connection with an application for —
(a) a factory or magazine licence, or any amendment to such a licence, or
(b) the original approval of premises in which acetylene is to be manufactured or kept, or any amendment to such an approval, or
(c) the original approval of premises in which acetylene is compressed, or any amendment to such an approval,
a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
11 
Notwithstanding the provisions of section 4 of the Petroleum(Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence,transfer or renewal.
12 

(1) A fee shall be payable by the applicant to the Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987..
(2) The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
13 

(1) A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 where a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
(2) The validity of a vocational training certificate may only be extended in accordance with paragraph (5) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
(3) Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
14 
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 2(2),2(3)(b), 3(2) or 10(6) no account shall be taken of any typing,messenger or ancillary work (for which no further charge shall be payable).
15 

(1) A fee shall be payable by a notifier to the Executive on each notification of the intention to use premises for activities involving genetic modification for the first time and of individual activities involving genetic modification under the Genetically Modified Organisms (Contained Use) Regulations 1992.
(2) The fee payable for each notification described in column 1 of Schedule 12 shall be that specified in the corresponding entry in column 2 of that Schedule.
16 

(1) The fee fixed by column 2 of Schedule 13 shall be payable by a notifier to the Executive on each such notification or application under the Notification of New Substances Regulations 1993 as is referred to in the corresponding entry in column 1 of that Schedule.
(2) The Executive shall repay to the notifier the amount of any rebate due to the notifier in the circumstances described in Schedule 13.
17 
The instruments specified in column 1 of Schedule 14 are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
18 
These Regulations shall not apply to Northern Ireland.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
6th October 1995
SCHEDULE 1
Regulation 2
PART I

1 2 3 4
Subject matter of approval Fee for an original approval Fee for amendment of approval Fee for renewal of approval
(a) Approval of breathing apparatus £1,041 £521 £55
(b) Approval of dust respirators £70 per hour worked £70 per hour worked £70 per hour worked
(c) Approval of explosives £194 £134 £55
(d) Approval of locomotive or other vehicle £2,069 £541 £55
(e) Approval of electrical equipment for use in potentially gassy zones £640 £419 £55
(f) Approval of methanometers £308 £197 £55
(g) Approval of electric safety lamps £308 £197 £55
(h) Approval of other types of apparatus £156 £156 £55
PART II

1 2
Test Fee for test
(a) Ballistic pendulum shot £43
(b) Break test shot £51.25
(c) Deflagration shot £35
(d) Detonator test (per 100 shots) £380
(e) Detonator delay time test (per 100 shots) £232
(f) Gallery shot £87
(g) Mortar shot £41
(h) Velocity of detonation test (per 3 shots) £73
PART III
The fee for any testing not fixed by Part II of this Schedule shall be £70 per hour worked in the testing.

SCHEDULE 2
Regulation 3


1 2
Subject matter of approval Fee
Approval of respiratory protective equipment £70 per hour worked
SCHEDULE 3
Regulation 4


1 2
Subject matter of approval Fee
(a) Original approval of tractor cab £244
(b) Revision of an existing approval of a tractor cab £136
SCHEDULE 4
Regulation 5


1 2
Subject matter of approval Fee
Approval of scheme or programme for examination of freight containers £75
SCHEDULE 5
Regulation 6


1 2
Subject matter of approval Fee
Licence for work with asbestos insulation or asbestos coating or renewal of original licence £505
SCHEDULE 6
Regulation 7


1 2 3 4 5
Provision Reference Basic Fee Additional fees where appropriate
   Fee for X-Rays Fee for Laboratory tests
(a) The Work in Compressed Air Special Regulations 1958 S.I.1958/61 (relevant amending instrument is S.I.1973/36) £42.13 £45.23 £27.17
(b) The Ionising Radiations Regulations 1985 S.I.1985/1333 £19.90 where surveillance is confined to examination of, and making entries in, records £39 in other cases £45.23 £27.17
(c) The Control of Asbestos at Work Regulations 1987 S.I.1987/2115 £43 £45.23 £27.17
(d) The Control of Substances Hazardous to Health Regulations 1994 S.I.1994/3246 £40 £45.23 £27.17
SCHEDULE 7
Regulation 8


1 2
Item Fee
(a) On the first assessment of an employee (including any clinical medical examination and laboratory tests in connection with the assessment) £45.70
(b) On each subsequent assessment of an employee —
(i) for laboratory tests where these are carried out £27.17
(ii) for a clinical medical examination where this is carried out £28
SCHEDULE 8
Regulation 9


1 2 3
Description Fee Fee for work by Nuclear or Specialist Inspector
Approval or reassessment of approval of Dosimetry Services granted under regulation 15 of the Ionising Radiations Regulations 1985  
Group 1  
Dose record keeping  
(a) Where the application is solely in respect of Group 1 functions £59.40£38.15 per hour worked
(b) Where the application for Group 1 functions is linked to an application in respect of functions in another group  £38.15 per hour worked
Group II  
External dosimetry £59.40 £38.15 per hour worked
(a) Whole body (beta,, gamma, thermal neutrons) film  
(b) Whole body (beta, gamma, thermal neutrons)thermoluminescent dosimeter (TLD)  
(c) Whole body (neutron), other than sub-groups (a) or (b)  
(d) Whole body, other than sub-groups (a), (b) or (c)  
(e) Extremity monitoring  
(f) Accident dosimetry, other than in the previous sub-groups  
Group III  
Internal Dosimetry  
(a) Bio-assay, in-vivo monitoring or air sampling £59.40 £38.15 per hour worked
(b) for each additional one of the above techniques  £38.15 per hour worked
Type approval of a radiation generator or an apparatus containing a radioactive substance under sub-paragraph (f) or (g)respectively of Schedule 3 to the Ionising Radiations Regulations 1985 (which excepts such type approved radiation generators or apparatus containing radioactive substances from the notification requirements of regulation 5 of those Regulations) £95 
SCHEDULE 9
 Regulation 10
PART I

1 2 3 4
Provision under which a licence is granted Purpose of Application Fee Fee for work by Specialist Inspector
Explosives Act 1875 c. 17
Section 6 (as applied to explosives other than gunpowder by sections 39 and 40) Factory licence £428 £36.72 per hour worked
 Magazine licence £428 £36.72 per hour worked
 Replacement of one of the above licences if lost £23 
Section 12 (as applied to explosives other than gunpowder by sections 39 and 40) Factory amending licence £132 £36.72 per hour worked
 Magazine amending licence £132 £36.72 per hour worked
 Replacement of one of the above licences if lost £23, 
Section 40(9) as applied to compressed acetylene by The Compressed Acetylene (Importation) Regulations 1978 Licence for importation of compressed acetylene £16 £36.72 per hour worked
 Replacement of the above licence if lost £16 £36.72 per hour worked
 Amendment to an existing licence £16 £36.72 per hour worked
PART II

1 2 3
Provision under which a fee or maximum fee is payable Purpose of application Fee or maximum fee
Explosives Act 1875 c. 17  
Section 15 (see note 1) A store licence £60
Section 18 (see note 1) Renewal of a store licence £60
Section 21 (see note 1) Registration and renewal of registration of premises for the keeping of explosives with a local authority £10.20
Petroleum (Consolidation) Act 1928 c. 32  
Section 4 (see notes 2 and 3) Licence to keep petroleum - spirit of a quantity - 
 not exceeding 2,500 litres £28.55 for each year of licence
 exceeding 2,500 litres but not exceeding 50,000 litres £42.15 for each year of licence
exceeding 50,000 litres £83 for each year of licence
Petroleum (Transfer of Licences) Act 1936 c. 27 Section 1(4) Transfer of petroleum - spirit licence £7
Note:
1. Part 1 of the Explosives Act 1875 (which includes sections 15,, 18 and 21) is applied to explosives other than gunpowder by sections 39 and 40 of that Act.
2. In the case of a solid substance for which by virtue of an Order in Council made under section 19 of the Petroleum(Consolidation) Act 1928 a licence is required, the fee payable under this Schedule shall be calculated as if one kilogram of the substance were equivalent to one litre.
3. The fee payable for a licence of more or less than one year’s duration shall be the fee set out above increased or decreased,as the case may be, proportionately according to the duration of the period for which the licence is granted or renewed.
PART III

1 2 3
Purpose of application Fee Fee for work by Specialist Inspector
(a) Original approval of premises in which acetylene is to manufactured or kept £16.05 £36.72 per hour worked
(b) Amendment of an approval of premises in which acetylene is to be manufactured or kept £16.05 £36.72 per hour worked
(c) Approval of apparatus in which acetylene is to be manufactured or kept £16.05 £36.72 per hour worked
PART IV

1 2 3
Purpose of application Fee Fee for work by Specialist Inspector
(a) Comparison of a porous substance with a sample porous substance £27.54,
(b) Original approval of premises in which acetylene is compressed £16.05 £36.72 per hour worked
(c) Amendment of an approval of premises in which acetylene is compressed £16.05 £36.72 per hour worked
PART V

1 2 3
Purpose of application Fee Fee for work by Specialist Inspector
(a) 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 £53.50 £36.72 per hour worked
(b) Grant of an ammonium nitrate mixtures licence under article 3 of the Ammonium Nitrate Mixtures Exemption Order 1967 £139 £36.72 per hour worked
PART VI

1 2
Purpose of application Fee
(a) Application for a licence for the importation of compressed acetylene (Part I above) £70 per hour worked
(b) Approval of apparatus in which acetylene is to be manufactured or kept (Part III above) £70 per hour worked
(c) Comparison of a porous substance with a sample porous substance (Part IV above) £70 per hour worked
(d) 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 (Part V above) £70 per hour worked
(e) Application for a licence to manufacture explosive in pursuance of the Ammonium Nitrate Mixtures Exemption Order 1967(Part V above) £70 per hour worked
SCHEDULE 10
Regulation 12


1 2
Purpose of Application Fee
Grant of an explosives licence or alteration of the terms of an existing explosives licence £268+ £36.72 per hour worked
SCHEDULE 11
Regulation 13


1 2
Description Fee
Issue or extension of vocational training certificate £2.70
SCHEDULE 12
Regulation 15


1 2
Description Fee
(a) Notification of intention to use premises for activities involving genetic modification for the first time under regulation 8 other than a case where a consent is required under regulation 8(3) £70.15
(b) Notification of the intention to use premises for activities involving genetic modification for the first time,,where a consent is required under regulation 8(3) £87.15
(c) Notification of individual activities involving genetic modification under regulation 9, other than a case where a consent is required under regulation 9(5) £106.65
(d) Notification of individual activities involving genetic modification where a consent is required under regulation 9(5) £217.25
SCHEDULE 13
Regulation 16


1 2
Subject matter Fee payable
For the evaluation of a notification under regulation 4(“base set”) (see note 1) £6,090 (+£350 VAT)
For the evaluation of a notification under regulation 5(1)(a) (≥10 tonnes per year) £2,000
For the evaluation of a notification under regulation 5(1)(b) (≥100 tonnes per year) £4,200
For the evaluation of a notification under regulation 5(1)(c) (≥1000 tonnes per year) £3,500
For a notification under regulation 6 (see note 2) —
(a) quantity of the new substance equal to or more than 100 kg(regulation 6(1)) £1,170 (+£87.50 VAT)
(b) quantity of the new substance up to 100 kg (regulation 6(2)) £915 (+£87.50 VAT)
For an application made by a notifier for an exemption relating to him under regulation 23 £2,000
Note 1. Rebate where an adequate draft risk assessment is included £2,000 (+£350 VAT)
Note 2. Rebate where an adequate draft risk assessment is included £500 (+£87.50 VAT)
SCHEDULE 14
Regulation 17


1 2 3
Description of Instrument Reference Extent of Revocation
The Genetically Modified Organisms (Contained Use) Regulations 1992 S.I. 1992/3217 Regulation 22
The Notification of New Substances Regulations 1993 S.I. 1993/3050 Regulation 24 and Schedule 4
The Health and Safety (Fees) Regulations 1994 S.I. 1994/397 The whole Regulations