text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 2008 and shall come into force on 6th April 2008.
2
In these Regulations —
“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 mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999 ; and
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” does not include an amendment of an approval; and
“working days” does not include weekends or public holidays.
3
Any reference in these Regulations to the renewal of an approval, explosives certificate, licence or registration (each referred to in this paragraph as an “authorisation”) means the granting of the authorisation concerned to follow a previous authorisation of the same kind without any amendment or gap in time.
Fees payable under the mines and quarries provisions
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 1 of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part.
3
Where the Executive requires testing to be carried out 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 2 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 as set out in Part 3 of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
3
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 2 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984
4
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 3 shall be that specified in column 2 of that Schedule.
Fees for various applications under the Control of Asbestos Regulations 2006
5
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Control of Asbestos Regulations 2006 (“the 2006 Regulations”).
2
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.
3
Where the Executive refuses to grant an applicant a licence under the 2006 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.
4
The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 in Schedule 4.
5
Where the Executive amends a licence granted under the 2006 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.
6
The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 in Schedule 4.
7
Where the Executive replaces a lost licence granted under the 2006 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.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 4.
Fees for examination or surveillance by an employment medical adviser
6
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 5.
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 5 —
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 Regulations 2006, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002
7
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 2002 .
2
The fee payable for each item described in column 1 of Schedule 6 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
8
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 1999 Regulations.
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Table 1 in Schedule 7 shall be that specified in the corresponding entry in column 2 of that Table.
4
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 regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 .
5
The fee payable for an application for each purpose specified in column 1 of Table 2 in Schedule 7 shall be that specified in column 2 of that Table.
6
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 —
a
by virtue of paragraph (1) or (2), or
b
by virtue of paragraph (4)
and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 shall be that specified in the corresponding entry in column 3 of those Tables for each hour worked, adjusted pro rata for a period worked of less than one hour.
7
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.
8
Any fee payable under paragraph (6) or (7) shall be payable prior to notification of the result of the application.
9
In this regulation “the 1999 Regulations” means the Ionising Radiations Regulations 1999 .
Fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
9
1
Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 8 is made to the Executive, where it is the licensing authority by virtue of paragraphs 1(b) or (c) or 2 of Schedule 1 to the 2005 Regulations, 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, save that, in the case of an application referred to in column 2 of that Part for a licence to manufacture ammonium nitrate blasting intermediate , or to vary any such licence, the fee referred to in column 3 of that Part as an amount per hour worked —
a
shall be adjusted pro rata for a period worked of less than one hour; and
b
shall be payable prior to notification of the result of the application.
2
Where any application in relation to a provision specified in column 1 of Part 2 of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, 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 that licensing authority.
3
Where an application in relation to the provision specified in column 1 of Part 3 of Schedule 8 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.
4
The fee payable under each provision specified in column 1 of Part 4 of Schedule 8 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.
5
A fee shall be payable by the applicant 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) or (3) for any purpose specified in column 2 of each of Parts 1 and 3 of Schedule 8 for which there is a corresponding entry in column 4 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 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8.
7
The fee for an application for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8 —
a
shall be that specified in the corresponding entry in column 2 in the respective Part; and
b
shall be payable on making the application, save that, where in column 2 of Part 7 a part of the fee is determined as an amount per hour worked, that part shall be payable prior to notification of the result of the application and shall be adjusted pro rata for a period worked of less than one hour.
8
A fee shall be payable by the applicant 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 (6) for any purpose specified in column 1 of each of Parts 5 and 6 of Schedule 8 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 worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
9
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 8 of Schedule 8, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
10
Where any application in relation to the provision specified in column 1 in Table 1 in Part 9 of Schedule 8 is made for a purpose specified in column 2 of that Table, the fee specified in the corresponding entry in column 3 of that Table shall be payable by the applicant to the chief officer of police.
11
Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 1991 , a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 in Part 9 of Schedule 8.
12
Parts 2 and 4 of Schedule 8 shall have effect subject to, respectively, the Notes to Parts 2 and 4.
13
For the purposes of this regulation and Schedule 8 —
a
“the 1968 Act” means the Firearms Act 1968 ;
b
“the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005 ;
c
“ammonium nitrate blasting intermediate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “registration”, “shooters’ powder” and “site” have the same meanings as in the 2005 Regulations;
d
“chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings as in the Control of Explosives Regulations 1991;
e
“firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act;
f
“firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act to a person who is registered as a firearms dealer under that section;
g
“relevant application under the 1968 Act” means an application under the 1968 Act —
i
for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; or
ii
for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate; and
h
“relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
10
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.
Fees for application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
11
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence, for any alteration in the terms of, or other change to 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 9 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour worked, the fee, which shall be adjusted pro rata for a period worked of less than one hour, so calculated shall be payable prior to notification of the result of the application.
Estimate of cost of work
12
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(3)(b), 9(9), 17(1) or 17(2), or to the licensing authority of carrying out any work pursuant to regulation 9(2), the Executive or, as the case may be, the licensing authority shall:
a
on receipt of the application or, as the case may be, request prepare and send to the person making the application or request an estimate of that cost; and
b
before carrying out the work, obtain confirmation from the person making the application or request that he wishes the work to be carried out on the basis of that estimate of cost.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
13
1
The fee specified in column 2 of Schedule 10 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.
3
In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000 and “competent authority” has the same meaning as in those Regulations.
Fees for notifications and applications under the Notification of New Substances Regulations 1993
14
1
The fee specified in column 2 of Table 1 in Schedule 11 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations 1993 , on each such notification or application under those Regulations as is referred to in the corresponding entry in column 1 of that Table.
2
In the circumstances described in column 1 of Table 2 in Schedule 11, the fee specified in the corresponding entry in column 2 of that Table shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.
3
In Schedule 11 —
“the 1982 Regulations” means the Notification of New Substances Regulations 1982 ;
“the 1993 Regulations” means the Notification of New Substances Regulations 1993;
“the predecessor Directive” has the same meaning as is given to “the Directive” in the first mentioned Regulations in this paragraph;
“RTP polymer” means a polymer, which word has the same meaning as in the second mentioned Regulations in this paragraph, for which a reduced test package is acceptable pursuant to paragraph C.2 of Part D of Schedule 2 to those second mentioned Regulations; and,
references in that Schedule to “competent authority”, “the Directive”, “member State” and “process-orientated research and development” have the same meanings as in those second mentioned Regulations.
Fees payable in respect of offshore installations
15
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 12 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2005 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 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following —
a
that operator or owner in relation to the installation to which the current safety case relates; or
b
a contractor in relation to any work carried out by him on or in connection with that installation.
3
For the purposes of this regulation, regulation 18 and Schedule 12, “the 1992 Regulations” means the Offshore Installations (Safety Case) Regulations 1992 , “the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005 and “installation”, “current safety case”, “safety case”, “operator” and “owner” have the same meanings as in the 2005 Regulations.
Fees payable in respect of gas safety functions
16
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 13 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 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 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that person in relation to the network, including a pipeline that it is intended will form part of the network, to which the safety case relates; or
b
a contractor in relation to work carried out by him on or in connection with that network including work on a pipeline that it is intended will form part of that network;
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.
3
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations and a major accident prevention document pursuant to the Pipelines Safety Regulations 1996 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 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that person in relation to work relating to a major accident hazard pipeline, including the construction of a pipeline that it is intended will form part of the network, to which the major accident hazard prevention document relates; or
b
a contractor in relation to work carried out by him relating to a major accident hazard pipeline, including the construction of a pipeline that it is intended will form part of the network, to which the major accident hazard prevention document relates;
4
For the purposes of this regulation, regulation 18 and Schedule 13, “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996 , “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations and “major accident hazard pipeline” has the same meaning as in the Pipelines Safety Regulations 1996.
Fees payable in relation to nuclear installations
17
1
Where, by virtue of the provisions specified in entry (a) or (b) of column 1 of Table 1 in Schedule 14, the Executive carries out any work for a purpose specified in column 2 of that Table, a fee shall be payable to the Executive by the person referred to in column 3 of that Table.
2
Where, by virtue of the provisions specified in column 1 of Table 2 in Schedule 14 the Executive carries out any work for the purpose specified in column 2 of that Table, a fee shall be payable to the Executive by the person referred to in column 3 of that Table.
3
A fee shall be payable to the Executive by a licensee of a nuclear site 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 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that licensee ; or
b
a contractor in relation to any work carried out by him on or in connection with that nuclear site.
4
For the purpose of this regulation and Schedule 14 —
“the 1965 Act” means the Nuclear Installations Act 1965 ;
“assessment agreement” means an agreement between the Executive and the person requesting the assessment of a design proposal, which identifies the scope of the assessment to be made by the Executive of that design proposal;
“design proposal” means a proposal for any nuclear installation, including matters relating to the installation’s construction, commissioning, operation and decommissioning, which is to be assessed by the Executive prior to any application for a licence under section 1(1) of the 1965 Act which may be made, based upon that proposal;
“licensee” means a person who has been granted a nuclear site licence pursuant to section 1(1) of the 1965 Act; and
“nuclear installation” means a nuclear reactor or an installation within the meaning of section 1(1)(b) of the 1965 Act.
Provisions supplementary to regulations 15 to 17
18
1
The fees referred to in regulations 15 to 17 above shall —
a
not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function, or in the case of regulation 17(1) and (2) the carrying out of the work, referred to in the respective regulation; and
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
2
Any fees payable under regulations 15 to 17 shall not include any costs connected with any —
a
in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates’ Court;
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as —
i
the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or
ii
the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
c
appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and regulation 16(1) and (3)(b) of, and Schedules 1 and 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 .
3
For the purposes of regulation 15 and paragraph (2)(a) and (b), an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987 and in Scotland if it is in the Scottish area within the meaning of that article.
4
Any reference in regulation 15 to a person who has prepared a current safety case includes a reference to —
a
a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and
b
a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2005 Regulations.
5
Any reference in regulation 16 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.
6
Any reference in regulations 15 to 17 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.
7
Any reference in regulations 15 to 17 to a function conferred on an inspector by the 1974 Act 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 Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
19
1
A fee shall be payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981 .
2
The fee payable under paragraph (1) shall be —
a
in respect of an application for an original approval, that specified in column 1 of Table 1 in Schedule 15; and
b
in respect of an application for a renewal of an approval, that specified in column 3 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Table 1 in Schedule 15.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
The fee payable under paragraph (5) shall be that specified in column 1 of Table 2 in Schedule 15 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Table.
7
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 15.
9
Where the date for any site visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
10
The fee payable under paragraph (9) shall be that specified in column 4 of Table 2 in Schedule 15.
11
The fee referred to in paragraphs (6), (8) and (10) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989
20
1
A fee shall be payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 .
2
The fee payable under paragraph (1) shall be —
a
where the application for an original approval of training relates to, as the case may be —
i
rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”), or
ii
rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),
that specified in, respectively, columns 1 and 2 of Table 1 in Schedule 16;
b
in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall —
a
where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 in Schedule 16, or
b
where the application for approval relates to medical training, be that specified in column 2 of that Table.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
Subject to paragraph (7), the fee payable under paragraph (5) shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 in Schedule 16, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,
provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in sub-paragraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.
7
The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 in Schedule 16, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.
8
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
9
The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 in Schedule 16.
10
Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
11
The fee payable under paragraph (10) shall —
a
where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 in Schedule 16, or
b
where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).
12
The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Provisions supplementary to regulations 19 and 20
21
1
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter applies for an original approval of the one of those two kinds of training not earlier applied for or the applications are made together, the Executive shall repay to the applicant the amount of £168 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of medical training, the Executive shall repay to the applicant a further amount of £56 in respect of the fees paid for the original approvals of training applied for.
2
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter or at the same time applies for an original approval of medical training, the Executive shall repay to the applicant the amount of £56 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of the one of the two kinds of training first referred to in this paragraph not earlier applied for, the Executive shall repay to the applicant a further amount of £168 in respect of the fees paid for the original approvals of training applied for.
3
Where an application for an original approval of medical training is made and the applicant thereafter or at the same time applies for an original approval of first-aid training, the Executive shall repay to the applicant the amount of £56 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of training for the purposes of regulation 3(2)(a) of the 1981 Regulations, the Executive shall repay to the applicant a further amount of £168 in respect of the fees paid for the original approvals of training applied for.
4
Where an applicant applies for original approvals of first-aid training, medical training and training for the purposes of regulation 3(2)(a) of the 1981 Regulations at the same time, the Executive shall repay to the applicant the amount of £224 in respect of the fees paid for those applications.
5
In this regulation —
“the 1981 Regulations” means the Health and Safety (First-Aid) Regulations 1981; and
“first-aid training” and “medical training” have the same meanings as in regulation 20.
Amendment of the Control of Major Accident Hazard Regulations 1999
22
1
In regulation 22 of the Control of Major Accident Hazards Regulations 1999 after paragraph (2), insert —
2A
Subject to paragraph (2B), a fee shall be payable to the Executive by an operator of an establishment who is required to prepare a safety report pursuant to regulation 7 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 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following —
a
that operator or owner in relation to the installation to which the current safety case relates; or
b
a contractor in relation to any work carried out by him on or in connection with that installation.
2B
Paragraph 2A does not apply in the case of an establishment where the presence of the dangerous substance at the establishment is, in the opinion of the Executive, for a purpose ancillary to the main activity at the establishment.
2
In paragraph (3) for “paragraphs (1) and (2)” substitute “paragraphs (1), (2) and (2A)”.
3
After paragraph (7) insert —
8
In this regulation any reference 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 this regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
.
Revocation
23
The Health and Safety (Fees) Regulations 2007 and the Health and Safety (Fees) (Amendment) Regulations 2007 are revoked.
Signed by authority of the Secretary of State
William D McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
11th March 2008


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Veterinary Surgeons’ Qualifications (European Recognition) Regulations 2008 and come into force on 6th August 2008.
Amendments to the Veterinary Surgeons Act 1966
2
Amend the Veterinary Surgeons Act 1966 as set out in the Schedule.
Revocations
3
1
In the Veterinary Surgeons’ Qualifications (European Recognition) Order 2003 the following are revoked —
a
articles 2 to 11;
b
paragraphs 2 to 4, 7(b) and 8 of the Schedule; and
c
in paragraph 7(c) of the Schedule, all of the definitions except the definition of “registration appeals committee”.
2
The Veterinary Surgeons’ Qualifications (European Recognition) Order 2007 is revoked.
Savings
4
1
In this regulation —
“the old law” means the Veterinary Surgeons Act 1966 and the Veterinary Surgeons’ Qualifications (European Recognition) Order 2003 as they stood immediately before the coming into force of these Regulations;
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002 .
2
The old law continues (despite the amendment and revocations made by these Regulations) to have effect for the purpose of implementing the Swiss Agreement so far as that Agreement relates to Directive 78/1026/ EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services and Directive 78/1027/EEC concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
8th July 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) (No. 2) Regulations 2008, and come into force on 20th January 2009.
2
These Regulations apply in relation to England only.
3
These Regulations apply in relation to the financial year beginning on 1st April 2009 only.
Modifications
2
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 are modified as follows.
Interpretation
3
In regulation 1 (citation, commencement and interpretation) —
a
in paragraph (2), insert each of the following definitions in the appropriate place —
“baseline expenditure”, in relation to an authority, means the expenditure of that authority which is identified as such in the relevant document;
“fire and rescue authority” means —
a fire and rescue authority constituted by —
a scheme under section 2 of the Fire and Rescue Services Act 2004 ,
a scheme to which section 4 of that Act applies,
a metropolitan county fire and rescue authority, or
the London Fire and Emergency Planning Authority;
“fire and rescue functions” means the functions in Part 2 (functions of fire and rescue authorities) of the Fire and Rescue Services Act 2004;
“preceding year” means the financial year preceding the relevant year;
“relevant document” means the document “Efficiency information to be contained in and supplied with 2009-10 council tax demand notices” dated 18th December 2008 which is published on the website of the Department for Communities and Local Government , a copy of which has been deposited at the Department’s principal office ;
; and
b
after paragraph (4), insert the following paragraph —
5
Any reference in these Regulations to the council tax base for an authority’s area or a part of an authority’s area is a reference to the council tax base for that area or part for the financial year which precedes the preceding year as calculated in accordance with the Local Authorities (Calculation of Council Tax Base) Regulations 1992 .
.
Efficiency authorities, etc
4
After regulation 1, insert the following regulation —
Definitions of “efficiency authority”, “restructuring efficiency authority” and “multi-function authority”
1A
1
Subject to paragraph (2), in these Regulations “efficiency authority”, in relation to a billing authority’s area and the relevant year, means —
a
the billing authority, and
b
any —
i
county council which is not a billing authority, or
ii
fire and rescue authority,
any part of whose area is in the billing authority’s area.
2
If as at 1st April in the preceding year the billing authority did not exercise the same functions in relation to its area as it exercises as at 1st April in the relevant year, paragraph (1) does not apply and paragraph (3) applies instead.
3
In relation to the billing authority’s area (“the relevant area”) and the relevant year —
a
any fire and rescue authority any part of whose area is in the relevant area is an “efficiency authority”; and
b
each of the following authorities is a “restructuring efficiency authority” —
i
any authority which as at 1st April in the preceding year was a billing authority in respect of any part of the relevant area,
ii
any county council any part of whose area was in the relevant area as at 1st April in the preceding year.
4
In these Regulations “multi-function authority” means —
a
any efficiency authority which exercises fire and rescue functions, but is not a fire and rescue authority; or
b
any restructuring efficiency authority which as at 1st April in the preceding year exercised fire and rescue functions, but which was not at that time a fire and rescue authority.
Content of demand notices, etc
5
In regulation 3 (content of demand notices, etc) —
a
in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”; and
b
after paragraph (2) insert the following paragraph —
2A
Where —
a
a council tax demand notice which includes the matters specified in paragraph 23A or 23B of Schedule 1 has been served on a person in respect of the relevant year, and
b
any further council tax demand notice is served on that person (for whatever reason) in respect of the same financial year,
the further council tax demand notice need not contain the matters specified in those paragraphs.
.
Schedule 1
6
In Schedule 1 (matters to be contained in council tax demand notices) —
a
in paragraph 1 (interpretation) in sub-paragraph (1), omit the definition of “preceding year”; and
b
after paragraph 23 (contact details) insert the following paragraphs —
Information concerning efficiency
23A
1
This paragraph applies if there are no restructuring efficiency authorities in relation to the billing authority’s area.
2
The matters are —
a
the following matters in relation to each efficiency authority which is not a multi-function authority —
i
the forecast cumulative efficiency savings for the preceding year,
ii
the matter mentioned in sub-paragraph (i) expressed as a percentage of the authority’s baseline expenditure, that percentage rounded to the nearest decimal place;
b
the following matters in relation to each efficiency authority (if any) which is a multi-function authority —
i
the forecast cumulative efficiency savings for the preceding year in respect of the authority’s fire and rescue functions,
ii
the forecast cumulative efficiency savings for the preceding year in respect of the authority’s functions other than its fire and rescue functions,
iii
the matter mentioned in sub-paragraph (i) expressed as a percentage of the authority’s baseline expenditure for its fire and rescue functions, that percentage rounded to the nearest decimal place,
iv
the matter mentioned in sub-paragraph (ii) expressed as a percentage of the authority’s baseline expenditure for its functions other than its fire and rescue functions, that percentage rounded to the nearest decimal place;
c
the aggregate of the amounts calculated by applying the following formula, that aggregate rounded to the nearest pound —
A
B
where —
A is —
the matter in paragraph (a)(i), or
the aggregate of the matters in paragraph (b)(i) and (ii),
for each efficiency authority; and
B is the council tax base for the efficiency authority’s area.
23B
1
This paragraph applies if there are restructuring efficiency authorities in relation to the billing authority’s area.
2
If there are one or more efficiency authorities in relation to the billing authority’s area, the matters are —
a
the following matters in relation to each efficiency authority —
i
the forecast cumulative efficiency savings for the preceding year,
ii
the matter mentioned in sub-paragraph (i) expressed as a percentage of the authority’s baseline expenditure, that percentage rounded to the nearest decimal place;
b
the aggregate of the forecast cumulative efficiency savings for the preceding year for each restructuring efficiency authority;
c
the matter in paragraph (b) expressed as a percentage of the aggregate of each restructuring efficiency authority’s baseline expenditure, that percentage rounded to the nearest decimal place;
d
the amount calculated by applying the following formula, that amount rounded to the nearest pound —
C + D
where —
C is the aggregate of the amounts calculated by applying the formula in sub-paragraph (4); and
D is the amount calculated by applying the formula in sub-paragraph (5).
3
If sub-paragraph (2) does not apply, the matters are —
a
the following matters in relation to each restructuring efficiency authority which is a multi-function authority —
i
the forecast cumulative efficiency savings for the preceding year in respect of the authority’s fire and rescue functions,
ii
the matter mentioned in sub-paragraph (i) expressed as a percentage of the authority’s baseline expenditure for its fire and rescue functions, that percentage rounded to the nearest decimal place;
b
the aggregate of the forecast cumulative efficiency savings for the preceding year in respect of functions other than fire and rescue functions for each restructuring efficiency authority;
c
the matter in paragraph (b) expressed as a percentage of the aggregate of each restructuring efficiency authority’s baseline expenditure for its functions other than fire and rescue functions, that percentage rounded to the nearest decimal place;
d
the amount calculated by applying the formula in sub-paragraph (5).
4
The formula is —
E
F
where —
E is the matter mentioned in sub-paragraph (2)(a)(i) for each efficiency authority; and
F is the council tax base for the authority’s area.
5
The formula is —
G
H
where —
G is —
the matter in sub-paragraph (2)(b) when calculating the amount for item D in sub-paragraph (2)(d), and
the aggregate of the matters in sub-paragraph (3)(a)(i) and (b) when calculating the amount for the purposes of sub-paragraph (3)(d); and
H is the aggregate of the council tax bases for the area of each restructuring efficiency authority, but ignoring any restructuring efficiency authority which is a county council.
6
For the purposes of this paragraph —
a
the forecast cumulative efficiency savings for the preceding year, and
b
the baseline expenditure,
of a restructuring efficiency authority which is a county council are the savings and the expenditure of that authority only to the extent that they are relevant to the billing authority’s area.
23C
The information to be included in relation to each of the matters in paragraphs 23A and 23B is the information identified in the relevant document —
a
as information to be contained in a council tax demand notice; and
b
as information which is relevant to —
i
the matter, and
ii
the billing authority.
.
Schedule 3
7
In Schedule 3 (information to be supplied with notices) —
a
in Part 1 (information to be supplied with council tax demand notices), after paragraph 7 insert the following paragraphs —
7A
1
This paragraph applies if there are no restructuring efficiency authorities in relation to the billing authority’s area and the relevant year.
2
The following matters in relation to each efficiency authority which is not a multi-function authority —
a
the forecast cumulative efficiency savings for the preceding year;
b
the matter mentioned in paragraph (a) expressed as a percentage of the authority’s baseline expenditure, that percentage rounded to the nearest decimal place;
c
the amount calculated by applying the following formula, that amount rounded to the nearest pound —
I
J
where —
I is the matter referred to in paragraph (a), and
J is the council tax base for the efficiency authority’s area; and
d
the relevant benchmark.
3
The following matters in relation to each efficiency authority (if any) which is a multi-function authority —
a
the forecast cumulative efficiency savings for the preceding year in respect of the authority’s fire and rescue functions;
b
the forecast cumulative efficiency savings for the preceding year in respect of the authority’s functions other than its fire and rescue functions;
c
the matter mentioned in paragraph (a) expressed as a percentage of the authority’s baseline expenditure for its fire and rescue functions, that percentage rounded to the nearest decimal place;
d
the matter mentioned in paragraph (b) expressed as a percentage of the authority’s baseline expenditure for its functions other than its fire and rescue functions, that percentage rounded to the nearest decimal place;
e
the two amounts calculated by applying the following formula, each amount rounded to the nearest pound —
K
L
where —
K is —
the matter referred to in paragraph (a) when calculating the first amount, and
the matter referred to in paragraph (b) when calculating the second amount; and
L is the council tax base for the efficiency authority’s area; and
f
the relevant benchmark.
7B
1
This paragraph applies if there are restructuring efficiency authorities in relation to a billing authority’s area and the relevant year.
2
If there are one or more efficiency authorities in relation to the billing authority’s area and the relevant year, the following matters —
a
the following matters in relation to each efficiency authority —
i
the forecast cumulative efficiency savings for the preceding year,
ii
the matter mentioned in sub-paragraph (i) expressed as a percentage of the authority’s baseline expenditure, that percentage rounded to the nearest decimal place,
iii
the amount calculated by applying the formula in sub-paragraph (4), that amount rounded to the nearest pound,
iv
the relevant benchmark;
b
the aggregate of the forecast cumulative efficiency savings for the preceding year for each restructuring efficiency authority;
c
the matter in paragraph (b) expressed as a percentage of the aggregate of each restructuring efficiency authority’s baseline expenditure, that percentage rounded to the nearest decimal place;
d
the amount calculated by applying the formula in sub-paragraph (5), that amount rounded to the nearest pound;
e
the benchmark for restructuring efficiency authorities.
3
If sub-paragraph (2) does not apply, the following matters —
a
the following matters in relation to each restructuring efficiency authority which is a multi-function authority —
i
the forecast cumulative efficiency savings for the preceding year in respect of the authority’s fire and rescue functions,
ii
the matter mentioned in sub-paragraph (i) expressed as a percentage of the authority’s baseline expenditure for its fire and rescue functions, that percentage rounded to the nearest decimal place,
iii
the amount calculated by applying the formula in sub-paragraph (4),
iv
the relevant benchmark;
b
the aggregate of the forecast cumulative efficiency savings for the preceding year in respect of functions other than fire and rescue functions for each restructuring efficiency authority;
c
the matter in paragraph (b) expressed as a percentage of the aggregate of each restructuring efficiency authority’s baseline expenditure for its functions other than fire and rescue functions, that percentage rounded to the nearest decimal place;
d
the amount calculated by applying the formula in sub-paragraph (5), that amount rounded to the nearest pound;
e
the benchmark for restructuring efficiency authorities.
4
The formula is —
M
N
where —
M is —
the matter referred to in sub-paragraph (2)(a)(i) when calculating the amount for the purposes of sub-paragraph (2)(a)(iii), or
the matter referred to in sub-paragraph (3)(a)(i) when calculating the amount for the purposes of sub-paragraph 3(a)(iii); and
N is the council tax base for —
the efficiency authority’s area when calculating the amount for the purposes of sub-paragraph (2)(a)(iii), or
any part of the restructuring efficiency authority’s area which is in the billing authority’s area when calculating the amount for the purposes of sub-paragraph (3)(a)(iii).
5
The formula is —
P
Q
where —
P is —
the matter in sub-paragraph (2)(b) when calculating the amount for the purposes of sub-paragraph (2)(d), or
the matter in sub-paragraph (3)(b) when calculating the amount for the purposes of sub-paragraph (3)(d); and
Q is the aggregate of the council tax bases for the area of each restructuring efficiency authority, but ignoring any restructuring efficiency authority which is a county council.
6
For the purposes of this paragraph —
a
the forecast cumulative efficiency savings for the preceding year, and
b
the baseline expenditure,
of a restructuring efficiency authority which is a county council are the savings and the expenditure of that authority only to the extent that they are relevant to the billing authority’s area.
7C
The information to be included in relation to each of the matters in paragraphs 7A and 7B is the information identified in the relevant document —
a
as information to be supplied with a council tax demand notice; and
b
as information which is relevant to —
i
the matter, and
ii
the billing authority.
; and
b
in Part 3 (interpretation, etc. ), after paragraph 3 insert the following paragraphs —
3A
1
Subject to sub-paragraph (2), in paragraphs 7A and 7B of Part 1, “relevant benchmark” means —
a
in relation to —
i
an efficiency authority which is not a multi-function authority, or
ii
a restructuring efficiency authority which is a multi-function authority,
the amount calculated by applying the formula in sub-paragraph (2), that amount rounded to the nearest pound; and
b
in relation to an efficiency authority which is a multi-function authority, the two amounts calculated by applying the formula in sub-paragraph (3), each amount rounded to the nearest pound.
2
The formula is —
R
S
where —
R is —
if the authority is an efficiency authority but not a fire and rescue authority, the aggregate of the forecast cumulative efficiency savings for the preceding year in respect of functions other than fire and rescue functions for each authority which is in the category of authority which includes that authority, or
if the authority is —
a fire and rescue authority, or
a restructuring efficiency authority,
the aggregate of the forecast cumulative efficiency savings for the preceding year in respect of fire and rescue functions for each authority which is in the fire and rescue category; and
S is —
if the authority is an efficiency authority but not a fire and rescue authority, the aggregate of the council tax bases for the area of each authority which is in the category of authority which includes that authority, or
if the authority is —
a fire and rescue authority, or
a restructuring efficiency authority,
the aggregate of the council tax bases for the area of each authority which is in the fire and rescue category.
3
The formula is —
T
U
where —
T is —
when calculating the first amount, the aggregate of the forecast cumulative efficiency savings for the preceding year in respect of fire and rescue functions for each authority which is in the fire and rescue category, and
when calculating the second amount, the aggregate of the forecast cumulative efficiency savings for the preceding year in respect of functions other than fire and rescue functions for each authority which is in the category of authority which includes the efficiency authority; and
U is —
when calculating the first amount, the aggregate of the council tax bases for the area of each authority which is in the fire and rescue category, and
when calculating the second amount, the aggregate of the council tax bases for the area of each authority which is in the category of authority which includes the efficiency authority.
3B
In paragraph 7B of Part 1, “benchmark for restructuring efficiency authorities” means the amount calculated by applying the following formula, that amount rounded to the nearest pound —
V
W
where —
V is the aggregate of the forecast cumulative efficiency savings for the preceding year in respect of functions other than fire and rescue functions for each authority which is a restructuring efficiency authority in relation to the relevant year; and
W is the aggregate of the council tax bases for the area of each of those authorities, but ignoring any restructuring efficiency authority which is a county council.
3C
In paragraph 3A, “fire and rescue category” means a category of authority which consists of —
a
fire and rescue authorities, and
b
multi-function authorities.
3D
1
Subject to sub-paragraph (3), in paragraph 3A, a reference to a category of authority which includes an efficiency authority is a reference to the category of authority in sub-paragraph (2) which includes that authority.
2
The categories are —
a
non-metropolitan district councils in relation to any area for which there is a county council;
b
non-metropolitan district councils in relation to any area for which there is not a county council;
c
county councils in relation to any area for which there is one or more district councils;
d
county councils in relation to any area for which there are no district councils;
e
metropolitan district councils; and
f
London borough councils.
3
For the purposes of paragraph 3A, it must be assumed —
a
that the category in sub-paragraph (2)(b) includes —
i
the Isle of Wight Council, and
ii
the Council of the Isles of Scilly; and
b
that the category in sub-paragraph (2)(f) includes the Common Council of the City of London.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
18th December 2008


text:
Citation, commencement and extent
1
1
These Rules may be cited as the Police Appeals Tribunals Rules 2008 and shall come into force on 1st December 2008.
2
These Rules extend to England and Wales.
Revocation and transitional provisions
2
1
Subject to paragraph (2), the following are revoked —
a
the Police Appeals Tribunals Rules 1999 , and
b
paragraph 19 of the Schedule to the Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 .
2
In relation to an appeal under section 85 of the 1996 Act against a decision made in accordance with the Police (Efficiency) Regulations 1999 or the Police (Conduct) Regulations 2004 , nothing in these Rules shall have effect and the provisions mentioned in paragraph (1) shall continue to have effect.
Interpretation
3
1
In these Rules —
“appellant” means a police officer who has given a notice of appeal in accordance with rule 6 or 7;
“chair” for the purposes of rules 6 to 11 means a chairman appointed under Schedule 6 to the 1996 Act ; and for the purposes of rules 12 to 22 means the chairman of the tribunal;
“ Conduct Regulations ” means the Police (Conduct) Regulations 2008 ;
“ IPCC ” means the Independent Police Complaints Commission;
“original hearing” means —
the misconduct meeting, misconduct hearing or special case hearing under the Conduct Regulations; or
the third stage meeting under the Performance Regulations ,
at or following which the relevant decision was made;
“panel” includes a person who conducted a special case hearing under the Conduct Regulations;
“Performance Regulations” means the Police (Performance) Regulations 2008 ;
“relevant decision” means the finding, disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with rule 4 or 5, and related expressions shall be construed accordingly;
“relevant police authority” means the police authority which maintains —
the police force of which a police officer who wishes to appeal to a tribunal, or the appellant, is a member, or
the police force for the police area for which a police officer who wishes to appeal to a tribunal, or the appellant, is appointed as a special constable,
as the case may be;
“relevant police force” means —
where the appellant is a member of a police force, the police force of which he is a member; and
where the appellant is a special constable, the police force maintained for the police area for which he is appointed;
“respondent” has the meaning given by rule 8;
“specified appeal” means an appeal where the relevant decision arose from a complaint or conduct matter to which paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applied; and
“tribunal” for the purposes of rules 3 to 11, means a police appeals tribunal appointed under Schedule 6 to the 1996 Act; and for the purposes of rules 12 to 22, means, in relation to an appeal, the police appeals tribunal appointed under Schedule 6 to the 1996 Act to determine that appeal.
2
In these Rules, any expression which is also used in the Conduct Regulations or the Performance Regulations shall, unless that expression is given a different meaning in paragraph (1), have the same meaning as in those Regulations.
3
Where any written notice or document is to be given or supplied to the appellant under these Rules, it shall be —
a
given to him in person; or
b
left with some person at, or sent by recorded delivery to, his last known address.
Circumstances in which a police officer may appeal to a tribunal
4
1
Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against —
a
the finding referred to in paragraph (2)(a), (b) or (c) made under the Conduct Regulations; or
b
the disciplinary action, if any, imposed under the Conduct Regulations in consequence of that finding,
or both.
2
This paragraph applies to —
a
an officer other than a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or
b
a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct meeting or a misconduct hearing; or
c
an officer against whom a finding of gross misconduct has been made at a special case hearing.
3
A police officer may not appeal to a tribunal against the finding referred to in paragraph (2)(a), (b) or (c) where that finding was made following acceptance by the officer that his conduct amounted to misconduct or gross misconduct (as the case may be).
4
The grounds of appeal under this rule are —
a
that the finding or disciplinary action imposed was unreasonable; or
b
that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision on disciplinary action; or
c
that there was a breach of the procedures set out in the Conduct Regulations, the Police (Complaints and Misconduct) Regulations 2004 , Schedule 3 to the Police Reform Act 2002 or other unfairness which could have materially affected the finding or decision on disciplinary action.
5
1
Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (6) against —
a
a finding referred to in paragraph (2) made under the Performance Regulations; or
b
an outcome which is imposed under the Performance Regulations as a consequence of such a finding and is mentioned in paragraph (4) or (5),
or both.
2
This paragraph applies to a police officer against whom a finding of unsatisfactory performance or attendance or gross incompetence has been made at a third stage meeting.
3
A police officer may not appeal to a tribunal against a finding referred to in paragraph (2) where that finding was made following acceptance by the officer that his performance or attendance has been unsatisfactory or that he has been grossly incompetent (as the case may be).
4
Where there has been a finding of unsatisfactory performance or attendance following a third stage meeting which the police officer was required to attend under regulation 26 of the Performance Regulations, he may appeal against the following outcomes —
a
dismissal with notice,
b
reduction in rank.
5
Where there has been a finding of gross incompetence or unsatisfactory performance following a third stage meeting which the police officer was required to attend under regulation 28 of the Performance Regulations, he may appeal against the following outcomes —
a
dismissal without notice,
b
reduction in rank,
c
redeployment to alternative duties,
d
the issue of a final written improvement notice,
e
the issue of a written improvement notice.
6
The grounds of appeal under this rule are —
a
that the finding or outcome imposed was unreasonable; or
b
that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision on the outcome; or
c
that there was a breach of the procedures set out in the Performance Regulations or other unfairness which could have materially affected the finding or decision on the outcome; or
d
that, where the police officer was required to attend the third stage meeting under regulation 26 of the Performance Regulations, he should not have been required to attend that meeting as it did not, in accordance with regulation 26(6) or 40(9) of those Regulations, concern unsatisfactory performance or attendance similar to or connected with the unsatisfactory performance or attendance referred to in the final written improvement notice.
Notice of appeal
6
1
Subject to rule 7, a police officer who wishes to appeal to a tribunal shall give notice of the appeal before the end of 10 working days beginning with the first working day after the day on which he is supplied with a written copy of the relevant decision.
2
The notice of appeal shall be given in writing to the relevant police authority.
3
The officer may request a transcript of the proceedings (or part of the proceedings) at the original hearing in his notice of appeal.
7
1
This rule applies where a police officer who wishes to appeal to a tribunal wishes to give notice of the appeal after the end of the period mentioned in rule 6(1).
2
A police officer may give notice of the appeal within a reasonable time after the end of such period and the notice shall be accompanied by the reasons why it was not served within such period and the reasons for the officer’s view that it has been served within a reasonable time after such period.
3
Upon receipt, the relevant police authority shall supply a copy of the notice and the reasons to the chair who shall determine —
a
whether it was reasonably practicable for the notice to be given within the period mentioned in rule 6(1); and
b
whether the notice has been given within a reasonable time after the end of such period.
4
If the chair determines either that it was reasonably practicable for the notice to be given within such period or that the notice has not been given within a reasonable time after the end of such period, the appeal shall be dismissed.
5
Where the appeal is not dismissed under paragraph (4), the appeal shall proceed and the chair shall give directions for the application of rule 9 to the appeal.
The respondent
8
1
Where the appellant is a senior officer, the respondent shall be a person designated by the relevant police authority.
2
Where the appellant is any other police officer, the respondent shall be the chief officer of police of the relevant police force.
Procedure on notice of appeal
9
1
As soon as reasonably practicable, the relevant police authority shall supply a copy of the notice of appeal —
a
to the respondent; and
b
where the appeal is a specified appeal, to the IPCC.
2
As soon as reasonably practicable after receipt of a copy of the notice of appeal, and in any event before the end of 15 working days beginning with the first working day after the day of such receipt, the respondent shall supply to the relevant police authority —
a
a copy of the relevant decision made at or following the original hearing provided under regulation 36 or 56 of the Conduct Regulations or regulation 37(3) of the Performance Regulations;
b
any documents which were made available to the panel conducting the original hearing; and
c
a copy of any transcript requested under rule 6(3).
3
A copy of any such transcript shall at the same time be given to the appellant.
4
The appellant shall supply the following documents to the relevant police authority in accordance with paragraph (6) —
a
a statement of the relevant decision and his grounds of appeal;
b
any supporting documents;
c
where the appellant is permitted to adduce witness evidence —
i
a list of any proposed witnesses;
ii
a witness statement from each proposed witness; and
d
if he consents to the appeal being determined without a hearing, notice in writing that he so consents.
5
For the purposes of paragraph (4)(c) —
a
an appellant is only permitted to adduce witness evidence where he is relying on the ground of appeal set out in rule 4(4)(b) or 5(6)(b);
b
a “proposed witness” is a person —
i
whom the appellant wishes to call to give evidence at the hearing;
ii
whose evidence was not and could not reasonably have been considered at the original hearing; and
iii
whose evidence could have materially affected the relevant decision.
6
The appellant shall supply the documents mentioned in paragraph (4) before the end of —
a
20 working days beginning with the first working day after the day on which he is supplied with a copy of the transcript under paragraph (3); or
b
where no transcript has been requested under rule 6(3), 35 working days beginning with the first working day after the day on which he gave notice of the appeal to the relevant police authority.
7
The relevant police authority shall give a copy of the documents supplied under paragraph (4) to the respondent as soon as practicable following receipt.
8
The respondent shall, before the end of 20 working days beginning with the first working day after the day on which he receives the documents given to him under paragraph (7), supply to the relevant police authority —
a
a statement of his response to the appeal;
b
any supporting documents;
c
where the respondent is permitted to adduce witness evidence —
i
a list of any proposed witnesses;
ii
a witness statement from each proposed witness; and
d
if he consents to the appeal being determined without a hearing, notice that he so consents.
9
For the purposes of paragraph (8)(c) —
a
a respondent is only permitted to adduce witness evidence where the appellant is relying on the ground of appeal set out in rule 4(4)(b) or 5(6)(b);
b
a “proposed witness” is a person —
i
whom the respondent wishes to call to give evidence at the hearing; and
ii
whose evidence is relevant to all or part of the evidence on which the appellant is relying for the purposes of rule 4(4)(b) or 5(6)(b).
10
The respondent shall at the same time as supplying the documents referred to in paragraph (8), give the appellant a copy of the documents referred to in paragraph (8)(a), (c) and (d), together with a list of the documents (if any) supplied under paragraph (8)(b).
11
On receipt of the documents supplied under paragraph (8), the relevant police authority shall give to the chair a copy of the documents supplied under paragraphs (4) and (8).
Extensions of time limits
10
1
The appellant or the respondent may apply to the relevant police authority for an extension of a relevant period.
2
Any such application shall set out the period of the required extension and the reasons for the application.
3
As soon as practicable after receipt of an application under paragraph (1), the relevant police authority shall —
a
give a copy of the application to the other party (being the appellant or the respondent as the case may be); and
b
ask that other party whether he consents to the application.
4
If the other party consents to the application, the relevant period shall be extended in accordance with the application and rule 9 shall have effect as if for that period there were substituted the extended period.
5
If the other party does not consent to the application, the application shall be referred to the chair who shall determine whether the relevant period should be extended and if so by how long; and where he extends the relevant period, rule 9 shall have effect as if for that period there were substituted the extended period.
6
In this rule, “relevant period” means, in relation to an application by the appellant, the period referred to in rule 9(6)(a) or (b) and, in relation to an application by the respondent, the period referred to in rule 9(2) or (8).
Review of appeal
11
1
Upon receipt of the documents mentioned in rule 9(4) and (8), the chair shall determine whether the appeal should be dismissed under paragraph (2).
2
An appeal shall be dismissed under this paragraph if the chair considers that —
a
the appeal has no real prospect of success; and
b
there is no other compelling reason why the appeal should proceed.
3
If the chair considers that the appeal should be dismissed under paragraph (2), before making his determination, he shall give the appellant and the respondent notice in writing of his view together with the reasons for that view.
4
The appellant and the respondent may make written representations in response to the chair before the end of 10 working days beginning with the first working day after the day of receipt of such notification; and the chair shall consider any such representations before making his determination.
5
The chair shall give the appellant, the respondent and the relevant police authority notice in writing of his determination.
6
Where the chair determines that the appeal should be dismissed under paragraph (2) —
a
the notification under paragraph (5) shall include the reasons for the determination; and
b
the appeal shall be dismissed.
Determination of an appeal
12
1
Where an appeal has not been dismissed under rule 11, the chair shall determine whether the appeal should be dealt with at a hearing.
2
The chair may determine that the appeal shall be dealt with without a hearing, but only if the appellant has so consented.
3
Where the appeal is to be dealt with at a hearing, rules 13 to 21 shall apply and the chair shall give the appellant and the respondent his name and contact address.
Power to request disclosure of documents
13
1
At any time following the provision of the documents mentioned in rule 9(4) and (8), the appellant or the respondent (the “requesting party”) may apply to the chair for disclosure of any document by the other party which is relevant to the appeal.
2
The chair may request the disclosure of any such document by the other party and where it is disclosed, a copy shall be given to the chair and to the requesting party.
3
Where a party does not comply with a request to disclose under paragraph (2), he shall give the chair and the requesting party his reasons for non-disclosure in writing.
Notice of the hearing
14
1
The chair shall cause the appellant and the respondent to be given written notice of the date, time and place of the hearing at least 20 working days, or such shorter period as may with the agreement of both parties be determined, before the date of the hearing.
2
Where —
a
the appellant is relying on the ground of appeal set out in rule 4(4)(b) or 5(6)(b); and
b
either the appellant or the respondent (or both) have proposed witnesses under rule 9,
the chair shall determine which, if any, witnesses shall give evidence at the hearing.
3
No witness shall give evidence at the hearing unless the chair reasonably believes that it is necessary for the witness to do so, in which case the chair shall —
a
where the witness is a police officer, cause that person to be ordered to attend the hearing; and
b
in any other case, cause the witness to be given notice that his attendance is necessary and of the date, time and place of the hearing.
Legal and other representation
15
1
The appellant has the right to be represented at a hearing by a relevant lawyer or a police friend.
2
Where the appellant is represented at the hearing by a relevant lawyer, he may also be accompanied at the hearing by a police friend.
3
If an appellant chooses not to be represented, the hearing may take place and the appeal may be determined without him being represented.
4
The respondent has the right to be represented at a hearing by a relevant lawyer or by an officer of the police force or by the chief executive or other officer or employee of the relevant police authority.
5
Where a police friend is a police officer or a police staff member, the chief officer of police of the force of which the police friend is a member shall permit him to use a reasonable amount of duty time for the purposes referred to in this rule.
6
The reference in paragraph (5) to the force of which the police friend is a member shall include a reference to the force maintained for the police area for which a special constable is appointed and the force in which a police staff member is serving.
Procedure and oral evidence at hearing
16
1
Subject to these Rules, the procedure at a hearing shall be determined by the tribunal.
2
The tribunal may proceed with the hearing in the absence of either party, whether represented or not, if it appears to be just and proper to do so, and may adjourn it from time to time if it appears necessary to do so.
3
Unless the tribunal determines otherwise, the evidence adduced by the appellant shall be given first.
4
Witnesses giving evidence at the hearing may be subject to questioning and cross-questioning.
5
Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the tribunal.
6
A verbatim record of the evidence given at the hearing shall be taken; and the relevant police authority shall keep such record for a period of not less than two years from the date of the end of the hearing.
Statements in lieu of oral evidence
17
1
Subject to the provisions of this rule, the tribunal may admit as evidence a witness statement of a proposed witness supplied under rule 9(4) or (8), notwithstanding that he is not to be called as a witness at the hearing.
2
Evidence shall not be admissible under this rule if it would not have been admissible had it been given orally.
3
For the purposes of this rule, a written statement purporting to be made and signed by a person and witnessed by another person shall be presumed to have been made by that person unless the contrary be shown.
4
Nothing in this rule shall prejudice the admission of written evidence which would be admissible apart from the provisions of this rule.
Hearing to be in private
18
1
Subject to paragraph (2) and rules 19 and 20, the hearing shall be held in private.
2
The tribunal may allow a person to attend all or part of the hearing as an observer for the purposes of training.
Attendance of complainant at hearing
19
1
This rule shall apply in relation to a hearing where the relevant decision arose from a complaint which was certified as subject to special requirements under paragraph 19A(1) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct) .
2
The chair shall cause notice of the date, time and place of the hearing to be given to the complainant or any interested person at the same time as such notice is given to the appellant and the respondent under rule 14(1).
3
Subject to the provisions of this rule and rule 21, the complainant or any interested person (or both) may attend the hearing as an observer.
4
Subject to the provisions of this rule and rule 21, a complainant or interested person may be accompanied by one other person, and if the complainant or interested person has a special need, by one further person to accommodate that need.
5
Where —
a
a complainant,
b
an interested person, or
c
any person accompanying a complainant or an interested person
is a proposed witness (of either party) and is to give evidence at the hearing, none of the persons mentioned in subparagraphs (a) to (c) shall be allowed to attend the hearing before that evidence is given.
6
The chair may, at his discretion, put any questions to the appellant that the complainant or interested person request be put to him.
Attendance of IPCC at hearing
20
1
This rule shall apply to a specified appeal.
2
The chair shall cause notice of the date, time and place of the hearing to be given to the IPCC at the same time as such notice is given to the appellant and the respondent under rule 14(1).
3
The IPCC may attend the hearing as an observer.
Exclusion from hearing
21
1
On the application of the appellant or the respondent or otherwise, the chair may require any observer to withdraw from all or any part of the hearing.
2
The chair may impose such conditions as he sees fit relating to the attendance of an observer (or any person accompanying a complainant or interested person) at the hearing in order to facilitate the proper conduct of the hearing.
Statement of tribunal’s determination
22
1
The tribunal shall determine whether the ground or grounds of appeal on which the appellant relies have been made out.
2
The determination of the tribunal shall be based on a simple majority but shall not indicate whether it was taken unanimously or by a majority.
3
The chair shall prepare a written statement of the tribunal’s determination of the appeal and of the reasons for the decision.
4
As soon as reasonably practicable after the determination of the appeal the chair shall cause the appellant, the respondent and the police authority to be given a copy of such statement; but, in any event, the appellant shall be given written notice of the decision of the tribunal before the end of 3 working days beginning with the first working day after the day on which the appeal is determined.
5
Where the relevant decision arose from a complaint which was certified as subject to special requirements under paragraph 19A(1) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct) the relevant police authority shall notify the complainant and any interested party of the decision of the tribunal.
6
Where the appeal is a specified appeal, the relevant police authority shall notify the Independent Police Complaints Commission of the decision of the tribunal.
Vernon Coaker
Minister of State
Home Office
5th November 2008